Levitt v. Edelstein

In a proceeding pursuant to SCPA 2105 to compel the return of certain personal property and to recover damages for breach of contract, Elaine Edelstein, as administratrix of the estate of Janet M. Brown, also known as Janet M. Burstein, appeals, as limited by her brief, from so much of an order of the Surrogate’s Court, Nassau County (Riordan, S.), dated September 30, 2008, as denied that branch of her cross motion which was pursuant to CPLR 3211 (a) (5) to dismiss the petition as barred by a general release.

Ordered that the order is affirmed insofar as appealed from, with costs payable by…