Appellate Division of the Supreme Court of New York, 1953

In re the Estate of Stern

In re the Estate of Stern
Appellate Division of the Supreme Court of New York · Decided June 9, 1953
282 A.D. 662; 122 N.Y.S.2d 803; 1953 N.Y. App. Div. LEXIS 4573
In re the Estate of Stern

Opinion of the Court

Order affirmed, with $20 costs and disbursements to petitioner-respondent. Present — Peck, P. J., Glennon, Cohn, Callahan and Breitel, JJ.; Peck, P. J., dissents and votes to reverse and dismiss the petition in the following memorandum: Although phrased as a *663discovery proceeding under section 205 of the Surrogate’s Court Act, it appears that what is sought in this ease and what remains after the denial of an examination as to the savings bank books, is an accounting of the relationship and transactions between decedent and respondent over a period of years. Such an inquiry is not, in my opinion, within the proper scope of a discovery proceeding in the Surrogate’s Court. Settle order on notice. [See post, p. 761.]

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