Johnson v. Stafford

Appellate Division of the Supreme Court of New York

Johnson v. Stafford

18 A.D.3d 324, 794 N.Y.S.2d 646, 2005 N.Y. App. Div. LEXIS 5442

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 19, 2005

StatusPublished

This text of 18 A.D.3d 324 (Johnson v. Stafford) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Johnson v. Stafford, 18 A.D.3d 324, 794 N.Y.S.2d 646, 2005 N.Y. App. Div. LEXIS 5442 (N.Y. Ct. App. 2005).

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Opinion

Order, Supreme Court, New York County (Rosalyn Richter, J.), entered June 26, 2003, which sua sponte transferred this action to the Surrogate’s Court, unanimously affirmed, without costs.

In this action involving title to a building at 131 West 122nd Street in Manhattan, in which plaintiff, as assignee of a purported cousin of Raymond Springer who died intestate in 1994, alleges that the building was wholly owned by Springer through a wholly-owned corporation and was fraudulently transferred to defendants, the motion court properly found that the issues presented “are within the particular expertise of Surrogate’s Court, which already has held a hearing to ascertain possible distributees of this estate.” Under the circumstances, it was an appropriate exercise of the court’s discretion (CPLR 325 [e]) to sua sponte transfer this matter to the Surrogate’s Court for determination of defendants’ cross motions to dismiss (see Carmel v Shor, 250 AD2d 475 [1998]). Concur—Tom, J.P., Andrias, Saxe, Williams and Sweeny, JJ.

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Order, Supreme Court, New York County (Rosalyn Richter, J.), entered June 26, 2003, which sua sponte transferred this action to the Surrogate’s Court, unanimously affirmed, without costs.

In this action involving title to a building at 131 West 122nd Street in Manhattan, in which plaintiff, as assignee of a purported cousin of Raymond Springer who died intestate in 1994, alleges that the building was wholly owned by Springer through a wholly-owned corporation and was fraudulently transferred to defendants, the motion court properly found that the issues presented “are within the particular expertise of Surrogate’s Court, which already has held a hearing to ascertain possible distributees of this estate.” Under the circumstances, it was an appropriate exercise of the court’s discretion (CPLR 325 [e]) to sua sponte transfer this matter to the Surrogate’s Court for determination of defendants’ cross motions to dismiss (see Carmel v Shor, 250 AD2d 475 [1998]). Concur—Tom, J.P., Andrias, Saxe, Williams and Sweeny, JJ.

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Bluebook (online)

18 A.D.3d 324, 794 N.Y.S.2d 646, 2005 N.Y. App. Div. LEXIS 5442, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-stafford-nyappdiv-2005.

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