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In re Culbreth

Appellate Division of the Supreme Court of New York, Second Department
Feb 13, 2008
48 A.D.3d 563 (N.Y. App. Div. 2008)

Opinion

No. 2005-10777.

February 13, 2008.

In a proceeding, inter alia, to set aside two deeds for three properties, Alice B. Geddie appeals from an order of the Surrogate's Court, Kings County (Tomei, S.), dated October 14, 2005, which granted that branch of the petitioners' motion which was to strike the defense of lack of personal jurisdiction from the answer, and denied her cross motion to dismiss the proceeding on the grounds of lack of personal jurisdiction and lack of subject matter jurisdiction.

Before: Lifson, J.P., Ritter, Angiolillo and Carni, JJ.


Ordered that the order is affirmed, with costs.

The Surrogate's Court has subject matter jurisdiction over this proceeding, which seeks to set aside deeds conveying property owned by the decedent prior to his death ( see NY Const, art VI, § 12 [d]; Matter of Piccione, 57 NY2d 278 [1982]).

In addition, the Surrogate properly struck from the answer the defense of lack of personal jurisdiction based on improper service of the petition ( see CPLR 3211 [e]).


Summaries of

In re Culbreth

Appellate Division of the Supreme Court of New York, Second Department
Feb 13, 2008
48 A.D.3d 563 (N.Y. App. Div. 2008)
Case details for

In re Culbreth

Case Details

Full title:In the Matter of the Estate of ALLEN STANCIL CULBRETH, Also Known as ALLEN…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 13, 2008

Citations

48 A.D.3d 563 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 1341
849 N.Y.S.2d 911