Sam Kyung Cho v. Yongshin Cho

*389Order and judgment (one paper), Supreme Court, New York County (Leland DeGrasse, J.), entered June 22, 2006, which granted plaintiffs motion for leave to reargue, and upon reargument, adhered to its prior order, entered March 28, 2006, denying plaintiffs motion for partial summary judgment and, in the alternative, for a default judgment against the individual defendants, unanimously modified, on the law, the facts and in the exercise of discretion, to the extent of transferring the action to Surrogate’s Court, New York County, and otherwise affirmed, without costs.

The court properly denied…