Morris v. Adams
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The Supreme Court properly granted that branch of the plaintiffs cross motion which was to dismiss the defendants’ second affirmative defense alleging that the plaintiff lacked authority to bring this partition action. The plaintiff established his entitlement to dismissal of this affirmative defense by submitting proof that he obtained nunc pro tunc approval from the Queens County Surrogate to bring this action on behalf of the estate of Samuel Morris (see RPAPL 901 [4]; SCPA 1901 [2] [i]).
However, the Supreme Court erred in denying the defendants’ motion for summary judgment dismissing the…
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