Legal Opinion

Cipo v. Blerkom

Appellate Division of the Supreme Court of the State of New York

Decided April 18, 2006PublishedCited by 8 opinions

1Opinion of the Court

In an action, inter alia, to set aside amendments to an inter vivos trust, the plaintiff appeals from an order of the Supreme Court, Queens County (Dorsa, J.), dated September 9, 2005, which granted the defendant’s motion pursuant to CPLR 325 (e) to transfer this action to the Surrogate’s Court, Queens County.

Ordered that the order is affirmed, with costs.

The Supreme Court and the Surrogate’s Court have concurrent jurisdiction over the administration of a decedent’s estate (see Gaentner v Benkovich, 18 AD3d 424, 428 [2005]). However, “[w]herever possible, all litigation involving the property…

2Cases cited4 opinions

  1. 1605 Book Center, Inc. v. Tax Appeals TribunalNew York Court of Appeals · 1994
  2. Gaentner v. BenkovichAppellate Division of the Supreme Court of the State of New York · 2005
  3. Ragucci v. Professional Construction ServicesAppellate Division of the Supreme Court of the State of New York · 2005
  4. Hollander v. HollanderAppellate Division of the Supreme Court of the State of New York · 1973

3Cited by8 opinions

  1. Goodwin v. RiceAppellate Division of the Supreme Court of the State of New York · 2010
  2. Wagenstein v. ShwartsAppellate Division of the Supreme Court of the State of New York · 2011
  3. Joffe v. WidelitzAppellate Division of the Supreme Court of the State of New York · 2015
  4. Birnbaum v. GiangualanoAppellate Division of the Supreme Court of the State of New York · 2014
  5. Birnbaum v. GiangualanoAppellate Division of the Supreme Court of the State of New York · 2014

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