Legal Opinion
In re the Estate of Wallace
Appellate Division of the Supreme Court of the State of New York
Decided January 15, 1998PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Mercure, J.
On this appeal, the only issue that need be determined is whether Surrogate’s Court has subject matter jurisdiction over an application by the administrator of a decedent’s estate for preaction disclosure to aid in bringing a wrongful death action. We respond in the negative and therefore reverse the order of Surrogate’s Court denying respondents’ motion to stay disclosure.
It is well settled that Surrogate’s Court is a court of limited subject matter jurisdiction and may only entertain those proceedings and exercise those powers conferred upon it by statute…
2Cases cited8 opinions
- Liff v. SchildkroutNew York Court of Appeals · 1980
- MTR. OF STORTECKY v. MazzoneNew York Court of Appeals · 1995
- In re the Estate of LainezAppellate Division of the Supreme Court of the State of New York · 1981
- In re the Estate of LainezNew York Court of Appeals · 1981
- In re the Estate of CorningAppellate Division of the Supreme Court of the State of New York · 1985
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- In re O'ConnellAppellate Division of the Supreme Court of the State of New York · 2012
- In re O'ConnellAppellate Division of the Supreme Court of the State of New York · 2012
- In re the Accounting of MillerNew York Surrogate's Court · 2015
- In re the Estate of PerryNew York Surrogate's Court · 2002
- Perez v. New York Presbyterian HospitalCivil Court of the City of New York · 2006