Summary
In Hollander v. Hollander (42 A.D.2d 701, supra), the Supreme Court's order was modified and the matter ordered transferred to the Surrogate's Court where "the alleged wrongs concern the nonprobate of a purported will and the conversion of the assets of a decedent's estate."
Summary of this case from Berger v. IckoviczOpinion
July 2, 1973
In an action to recover damages for wrongfully procuring assets of a decedent, defendant Arthur Hollander appeals from an order of the Supreme Court, Kings County, dated July 20, 1972, which denied his motion to dismiss the complaint for lack of jurisdiction over the subject matter. Order modified by (1) striking the words "in all respects" which appear after the decretal provision that the motion is denied and (2) adding thereto a provision ordering that the case is transferred to the Surrogate's Court, Kings County. As so modified, order affirmed, without costs. In our opinion, this case should be transferred to the Surrogate's Court, because the alleged wrongs concern the nonprobate of a purported will and the conversion of the assets of a decedent's estate. Wherever possible, all litigation involving the property and funds of a decedent's estate should be disposed of in the Surrogate's Court ( Shearn v. Lord, 16 Misc.2d 224; Mayer v. Goldhaber, 63 Misc.2d 605). Accordingly, Special Term should have exercised its power under subdivision a of section 19 of article VI of the Constitution of the State of New York to direct the transfer to the Surrogate's Court ( Garland v. Raunheim, 29 A.D.2d 383). Hopkins, Acting P.J., Latham, Gulotta, Christ and Brennan, JJ., concur.