Blumenthal v. Kingsford

Order, Surrogate’s Court, New York County (Eve Preminger, S.), entered on or about February 11, 2004, which, in a proceeding by estate executors against their former coexecutor for misappropriation of estate assets, denied petitioners’ motion to amend the petition so as to join respondent’s wife and three entities controlled by respondent and/or his wife, unanimously affirmed, without costs or disbursements.

While the better procedure would have been to allow joinder of the proposed respondents, if jurisdiction over them could be had, since, absent prejudice or surprise, leave to amend…