Ovari v. Maultasch

Motion to dismiss the complaint pursuant to subdivisions 1 and 5 of rule 107 of the Buies of Civil Practice, is denied.

*598The action is to recover the sum of $21,957.96 for services allegedly rendered to the defendant testate, Philip Schoenfeld, prior to his death in April, 1954. After the issuance of letters of temporary administration the plaintiff filed her claim in July, 1954 with the temporary administrators. Permission to sue the temporary administrator was sought pursuant to section 127 of the Surrogate’s Court Act, and was denied by the late Surrogate of Kings County, Ivan Rubenstein, in…