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Matter of Bertha Preisendorfer

Surrogate's Court of the City of New York, New York County
Apr 1, 1922
118 Misc. 524 (N.Y. Surr. Ct. 1922)

Summary

In Matter of Preisendorfer (118 Misc. 524) I held that such a course would not be permitted. That decision was cited with approval in Matter of Rotstein (162 Misc. 37).

Summary of this case from Matter of Andrews

Opinion

April, 1922.

A. Oberwager, for petitioner.

Roger J. Heisler, for Olga L. McCauley, respondent.


In this discovery proceeding an answer has been filed, in which the respondent claims title to the property sought to be discovered. It also appears that an action has been commenced by the respondent in the Supreme Court of this county, in which issue has been joined. That action is against the savings bank and the administrator for the recovery of a bank deposit standing in the name of the decedent, claimed by the respondent as a gift causa mortis. The Supreme Court having first acquired jurisdiction, comity requires that this proceeding be dismissed. The only result of an examination held here would be to furnish and discover evidence which the petitioner could use in the pending action. Under the circumstances here present this course cannot be permitted. Matter of Denham, N.Y.L.J. June 23, 1917; affd., 180 A.D. 935. Submit order on notice accordingly.

Ordered accordingly.


Summaries of

Matter of Bertha Preisendorfer

Surrogate's Court of the City of New York, New York County
Apr 1, 1922
118 Misc. 524 (N.Y. Surr. Ct. 1922)

In Matter of Preisendorfer (118 Misc. 524) I held that such a course would not be permitted. That decision was cited with approval in Matter of Rotstein (162 Misc. 37).

Summary of this case from Matter of Andrews
Case details for

Matter of Bertha Preisendorfer

Case Details

Full title:Matter of the Estate of BERTHA PREISENDORFER, Deceased

Court:Surrogate's Court of the City of New York, New York County

Date published: Apr 1, 1922

Citations

118 Misc. 524 (N.Y. Surr. Ct. 1922)
193 N.Y.S. 764

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