In re the Estate of Barrie

OPINION OF THE COURT

C. Raymond Radican, J.

In this discovery proceeding (SCPA 2103), respondent’s motion for dismissal is based on the allegation that all the information relating to his ownership of the real property in Belle Harbor was previously furnished to the former attorney for the estate. The gist of respondent’s claim is that the deed to the property was given to him by the decedent during her lifetime as a gift.

According to the respondent, on August 12, 1977, his *441mother delivered to him the deed to a residence known as 241 Beach 130th Street, Belle Harbor, New York, which he had been…