Appellate Division of the Supreme Court of New York, 2000

Gardiner v. United States Trust Co.

Appellate Division of the Supreme Court of New York · Decided August 21, 2000

275 A.D.2d 413; 712 N.Y.S.2d 873; 2000 N.Y. App. Div. LEXIS 8796

Cases that cite this one

2 later published cases cite this decision.

In re Larry R. (Appellate Division of the Supreme Court of New York 2009)
In re the Estate of Sauer (New York Surrogate's Court 2002)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—In a proceeding pursuant to RPAPL 1602 to compel the sale of Gardiner’s Island, the petitioner ap*414peals from an order of the Supreme Court,'Suffolk County (Costello, J.), dated January 31, 2000, which granted the motion of the respondent United States Trust Company of New York to transfer the proceeding to the Surrogate’s Court, New York County.

Ordered that the order is affirmed, with costs.

Contrary to the petitioner’s contention, pursuant to SCPA 1902, the Surrogate’s Court has concurrent jurisdiction to grant the relief he seeks. Moreover, given the familiarity of the Surrogate’s Court, New York County, with this matter (see, Matter of Gardiner, 181 AD2d 91), the Supreme Court providently exercised its discretion in transferring this proceeding. Krausman, J. P., Goldstein, Feuerstein and Smith, JJ., concur.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.