In re the Estate of Rogol

New York Surrogate's Court

In re the Estate of Rogol

26 Misc. 2d 54, 207 N.Y.S.2d 503, 1960 N.Y. Misc. LEXIS 2137

DecidedNovember 29, 1960

StatusPublished

This text of 26 Misc. 2d 54 (In re the Estate of Rogol) is published on Counsel Stack Legal Research, covering New York Surrogate's Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Estate of Rogol, 26 Misc. 2d 54, 207 N.Y.S.2d 503, 1960 N.Y. Misc. LEXIS 2137 (N.Y. Super. Ct. 1960).

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Opinion

John D. Bennett, S.

This is a motion to dismiss a discovery proceeding in which one of the basic objections to the petition’s sufficiency is that it seeks to enforce a debt by means of the discovery proceeding. The specific language in the petition concerning the property sought by the fiduciary reads as follows: “ Petitioner has been advised that the books of the said corporations indicate thereon indebtednesses in various amounts owing to the decedent.” Under the circumstances, the very language of the petition is itself conclusive that it seeks to enforce a debt, rather than to discover specific and identifiable assets, which is the proper function of a discovery proceeding. The motion to dismiss the proceeding is therefore granted, without costs to any party.

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John D. Bennett, S.

This is a motion to dismiss a discovery proceeding in which one of the basic objections to the petition’s sufficiency is that it seeks to enforce a debt by means of the discovery proceeding. The specific language in the petition concerning the property sought by the fiduciary reads as follows: “ Petitioner has been advised that the books of the said corporations indicate thereon indebtednesses in various amounts owing to the decedent.” Under the circumstances, the very language of the petition is itself conclusive that it seeks to enforce a debt, rather than to discover specific and identifiable assets, which is the proper function of a discovery proceeding. The motion to dismiss the proceeding is therefore granted, without costs to any party.

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Bluebook (online)

26 Misc. 2d 54, 207 N.Y.S.2d 503, 1960 N.Y. Misc. LEXIS 2137, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-rogol-nysurct-1960.