Legal Opinion

Gardiner v. United States Trust Co.

Appellate Division of the Supreme Court of the State of New York

Decided August 21, 2000PublishedCited by 2 opinions

1Opinion of the Court

—In a proceeding pursuant to RPAPL 1602 to compel the sale of Gardiner’s Island, the petitioner ap*414peals from an order of the Supreme Court,'Suffolk County (Costello, J.), dated January 31, 2000, which granted the motion of the respondent United States Trust Company of New York to transfer the proceeding to the Surrogate’s Court, New York County.

Ordered that the order is affirmed, with costs.

Contrary to the petitioner’s contention, pursuant to SCPA 1902, the Surrogate’s Court has concurrent jurisdiction to grant the relief he seeks. Moreover, given the familiarity of the Surrogate’s Court, New…

2Cases cited1 opinion

  1. Gardiner v. United States Trust Co.Appellate Division of the Supreme Court of the State of New York · 1992

3Cited by2 opinions

  1. In re the Estate of SauerNew York Surrogate's Court · 2002
  2. In re Larry R.Appellate Division of the Supreme Court of the State of New York · 2009

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