This text of New York § 1808 (Effect of rejection of claim by fiduciary 1) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 1808. Effect of rejection of claim by fiduciary\n 1. Except as otherwise provided in 1810, whenever a fiduciary rejects\na claim in whole or in part all issues relating to the validity and\nenforceability of the claim shall be tried and determined upon the\njudicial settlement of his account.\n 2. The account of the fiduciary shall list all claims rejected by him\nin whole or in part and the reason for their rejection.\n 3. Service of the notice required by 1806 shall be completed prior to\nthe filing of any account reporting a rejected claim.\n 4. Any claimant adversely affected may within 8 days from the return\nof process serve and file objections to the account together with a copy\nof his notice of claim and any supporting affidavit filed with the\nfiduciary. If the fiduciary sh
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§ 1808. Effect of rejection of claim by fiduciary\n 1. Except as otherwise provided in 1810, whenever a fiduciary rejects\na claim in whole or in part all issues relating to the validity and\nenforceability of the claim shall be tried and determined upon the\njudicial settlement of his account.\n 2. The account of the fiduciary shall list all claims rejected by him\nin whole or in part and the reason for their rejection.\n 3. Service of the notice required by 1806 shall be completed prior to\nthe filing of any account reporting a rejected claim.\n 4. Any claimant adversely affected may within 8 days from the return\nof process serve and file objections to the account together with a copy\nof his notice of claim and any supporting affidavit filed with the\nfiduciary. If the fiduciary shall raise any affirmative defense to the\nclaim that is not set forth in his account, he shall within 5 days from\nthe service upon him of a copy of the objections serve and file a reply\nto the objections setting forth the affirmative defense. Any person\nwhose interests in the estate may be adversely affected by the allowance\nof the claim may within 8 days from the filing of objections by a\nclaimant serve and file a reply to the objections setting forth any\ndefense to the claim not set forth in the account.\n 5. Where one whose claim has been rejected by the fiduciary has\npetitioned for a compulsory judicial settlement of his account the\nfiduciary may in his answer to the petition show the condition of the\nestate and all facts relating to the rejection of the claim and pray for\na judicial determination of the validity and enforceability of the claim\nas a preliminary step in the accounting proceeding. The court may\nthereupon determine the claim and all issues relating thereto and make\nsuch direction for its payment as justice shall require.\n 6. With respect to any limitation of time within which an action or\nproceeding may be brought and with respect to examinations before trial,\nbills of particulars and disclosure generally, the presentation of a\nclaim as provided in 1803 shall be deemed the institution of a special\nproceeding for the collection of the claim.\n