In re the Estate of Sherez
Opinion of the Court
—In a proceeding pursuant to SCPA 2103, Harry Sherez appeals from an order of the Surrogate’s Court, Kings County (Bloom, S.), dated July 6, 1993, which, inter alia, directed him to execute all documents necessary to transfer ownership of ¡certain designated securities to the petitioner and denied his cross petition, inter alia, to direct the petitioner to return to him certain designated securities, and the petitioner cross-appeals from so much of the same order as denied that branch of her petition which was for an award of attorney’s fees, costs, and disbursements.
Ordered that the order is modified, on the law, by deleting the first, second, third, fourth, and fifth decretal paragraphs thereof and substituting therefor a provision granting those branches of the cross petition which were to direct the petitioner to return to Harry Sherez those securities identified in exhibit 2 of the cross petition and Municipal Assistance Corporation for the City of New York Certificate Nos. 4R-800 and 4R2495; as so modified, the order is affirmed insofar as appealed and cross-appealed from, with costs to the appellant.
We are in agreement with the Surrogate’s Court that the language of the stipulation between Harry Sherez and the decedent is clear and unambiguous on its face. However, the interpretation urged by the petitioner and adopted by the Surrogate’s Court renders that language meaningless. Pursuant to section 2 (a) of article V of the stipulation, the decedent was to receive certain identified, jointly-owned, bearer bonds in the amount of $35,000, and joint bank deposits in the amount of $5,000. This section goes on to provide that Harry Sherez "shall retain * * * all other investments, bonds, and the like”. Section 2 (b) of article V states, in relevant part, "that there may presently be other investment assets jointly held or jointly titled assets in the possession of the other party”. These "other investment assets” would become the
Since the relevant language of the stipulation is not reasonably susceptible to more that one interpretation, and is clear and unambiguous on its face, the court may not resort to extrinsic evidence of the parties’ intent (see, Chimart Assocs. v Paul, 66 NY2d 570, 572; Slatt v Slatt, 64 NY2d 966).
In view of the foregoing, we need not reach the parties’ remaining contentions. Thompson, J. P., Copertino, Pizzuto and Goldstein, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.