In re the Estate of Rotstein

Wingate, S.

This is an application by an alleged creditor, whose claim has been rejected by the administratrix, to examine the latter pursuant to the provisions of section 263 of the Surrogate’s Court Act and also to examine a statutory distributee of the decedent as an adverse party pursuant to the provisions of section 288 of the Civil Practice Act.

*38In opposition to this relief, it is alleged and not denied that the > claimant after the rejection of his demand by the fiduciary instituted t an action thereon in the Supreme Court, which action is still pending and undetermined. ;

Any rights of…