In re the Estate of Squadrito

New York Surrogate's Court

In re the Estate of Squadrito

26 Misc. 2d 978, 209 N.Y.S.2d 357, 1960 N.Y. Misc. LEXIS 2338

CourtNew York Surrogate's Court

DecidedOctober 11, 1960

StatusPublished

Cited by1 cases

This text of 26 Misc. 2d 978 (In re the Estate of Squadrito) 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 Squadrito, 26 Misc. 2d 978, 209 N.Y.S.2d 357, 1960 N.Y. Misc. LEXIS 2338 (N.Y. Super. Ct. 1960).

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Opinion

Maximilian Moss, S.

Petitioner seeks this court’s consent for leave to transfer an action commenced by respondent, Joseph Castellaneta, in the Supreme Court, Kings County, in which a corporation, several individuals and the administrator of decedent’s estate have been joined as defendants. The alleged cause of action consists of a claim based upon two promissory notes made by the corporation, each of which was indorsed by decedent in Ms lifetime, together with three other individuals as parties.

The recovery of a judgment against the legal representative of a decedent’s estate does not entitle the debt to a preference in payment over others of the same class (Matter of Nelson, 63 Misc. 627, 630; Matter of Bernard, 177 Misc. 712; Matter of Phillips, 169 Misc. 86; Surrogate’s Ct. Act, § 212, subd. 4). In addition, it appears therefrom that this court could not award to the plaintiff the complete r'elief to which he might be entitled. The application is therefore denied. Settle order on notice.

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Maximilian Moss, S.

Petitioner seeks this court’s consent for leave to transfer an action commenced by respondent, Joseph Castellaneta, in the Supreme Court, Kings County, in which a corporation, several individuals and the administrator of decedent’s estate have been joined as defendants. The alleged cause of action consists of a claim based upon two promissory notes made by the corporation, each of which was indorsed by decedent in Ms lifetime, together with three other individuals as parties.

The recovery of a judgment against the legal representative of a decedent’s estate does not entitle the debt to a preference in payment over others of the same class (Matter of Nelson, 63 Misc. 627, 630; Matter of Bernard, 177 Misc. 712; Matter of Phillips, 169 Misc. 86; Surrogate’s Ct. Act, § 212, subd. 4). In addition, it appears therefrom that this court could not award to the plaintiff the complete r'elief to which he might be entitled. The application is therefore denied. Settle order on notice.

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Bluebook (online)

26 Misc. 2d 978, 209 N.Y.S.2d 357, 1960 N.Y. Misc. LEXIS 2338, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-squadrito-nysurct-1960.

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