Legal Opinion
In re the Estate of King
Appellate Division of the Supreme Court of the State of New York
Decided May 27, 2003PublishedCited by 10 opinions
1Opinion of the Court
—In a discovery proceeding pursuant to SCPA article 21, the petitioner appeals from an order of the Surrogate’s Court, Westchester County (Scarpiifo, S.), dated October 15, 2001, which granted Joseph Gaier’s motion to dismiss the proceeding as time-barred.
Ordered that the order is affirmed, with costs payable by the estate.
The petitioner commenced a discovery proceeding pursuant to SCPA article 21. “[C]ourts have likened such a proceeding to an action for conversion or replevin and applied a three-year Statute of Limitations” (Matter of Witbeck, 245 AD2d 848, 849 [1997]; see Matter of…
2Cases cited4 opinions
- In re the Estate of WitbeckAppellate Division of the Supreme Court of the State of New York · 1997
- D'Amico v. First Union National BankAppellate Division of the Supreme Court of the State of New York · 2001
- Berman v. GoldsmithAppellate Division of the Supreme Court of the State of New York · 1988
- In re NeshewatAppellate Division of the Supreme Court of the State of New York · 1997
3Cited by10 opinions
- Kirschner v. BennettDistrict Court, S.D. New York · 2009
- Newbro v. FreedDistrict Court, S.D. New York · 2006
- In Re Refco Securities LitigationDistrict Court, S.D. New York · 2010
- In re Estate of RausmanAppellate Division of the Supreme Court of the State of New York · 2008
- Collymore v. Secretary of Housing & Urban DevelopmentAppellate Division of the Supreme Court of the State of New York · 2005
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