From Casetext: Smarter Legal Research

Matter of Mendelson

Surrogate's Court, Nassau County
Mar 13, 1959
15 Misc. 2d 837 (N.Y. Surr. Ct. 1959)

Opinion

March 13, 1959

Maurice Shorenstein, respondent in person.

Nathaniel H. Mandelker for petitioner.


By notice of motion the respondent seeks to dismiss this discovery proceeding, the subject of which is a separation agreement allegedly in the possession of the respondent, an attorney of the decedent during his lifetime. The respondent, in his affidavit attached to the motion papers, among other allegations, states that he has an attorney's lien on the "duplicate original" in his possession.

The motion papers state no grounds sufficient to sustain a dismissal of this proceeding. "Such a proceeding should not be dismissed without adequate development of the facts and the present motion must fail unless there is no aspect of the situation which would permit a finding of estate interest in the property sought". ( Matter of Baumann, 75 N.Y.S.2d 876, 877.)

The court is of the opinion that it has jurisdiction to determine the attorney's retaining lien incidental to this discovery proceeding ( Matter of Present, 15 Misc.2d 759). The motion is accordingly denied.

Settle order on five days' notice, setting forth the time and place for the respondent to appear in the discovery proceeding.


Summaries of

Matter of Mendelson

Surrogate's Court, Nassau County
Mar 13, 1959
15 Misc. 2d 837 (N.Y. Surr. Ct. 1959)
Case details for

Matter of Mendelson

Case Details

Full title:In the Matter of the Estate of IRVING MENDELSON, Deceased

Court:Surrogate's Court, Nassau County

Date published: Mar 13, 1959

Citations

15 Misc. 2d 837 (N.Y. Surr. Ct. 1959)
183 N.Y.S.2d 470

Citing Cases

Matter of Humphreys

On the evidence so far adduced, the court cannot unequivocably say that the decedent has no interest in the…

Matter of Granowitz

A substantial purpose of the discovery sought is to ascertain through documentary evidence whether the…