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8 Jul 2015, 5:37 pm
A Kings County Estate Administration Lawyer further held that, Special Term properly retained jurisdiction over the action to recover damages for personal injury and wrongful death, as the instant lawsuit involves independent matters involving controversies between living persons and not matters affecting the estate of the decedent as illustrated in the case of Matter of Lainez (79 A.D.2d 78, 435 N.Y.S.2d 798, affd. 55 N.Y.2d 657, 446 N.Y.S.2d 942, 431 N.E.2d 303;… [read post]
3 Sep 2019, 3:39 am by Franklin C. McRoberts
In Matter of Lainez, 79 AD2d 78 [2d Dept], affd 55 NY2d 657 [1981], the court held that “the power of the Surrogate’s Court relates to matters affecting estates of decedents and not to independent matters involving controversies between living persons. [read post]