Legal Opinion
In re the Estate of Mirsky
New York Surrogate's Court
Decided October 20, 1989PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Lee L. Holzman, J.
The question raised in this SCPA 2103 discovery proceeding is whether an inquest hearing may be held against respondent, who failed to appear to testify before the court after she had been personally served in Florida with an order to attend *439and be examined about funds which are alleged to be assets of the estate in her possession. The court has found that many attorneys are unaware that a discovery proceeding will travel upon two quite different paths depending upon which of the two methods of process provided for in SCPA 2103 (3) is used to obtain…
2Cases cited4 opinions
- Siemens & Halske v. GresAppellate Division of the Supreme Court of the State of New York · 1971
- Israel Discount Bank Ltd. v. P. S. Products Corp.New York Supreme Court · 1971
- Beach v. Lost Mountain Manor, Inc.New York Supreme Court · 1967
- In re the Estate of MarkoNew York Surrogate's Court · 1968
3Cited by1 opinion
- In re EshagianNew York Surrogate's Court · 2015