You are here: / / Sole Heir Did Not Have Standing to Bring Action for Recovery of Estate...

Sole Heir Did Not Have Standing to Bring Action for Recovery of Estate Property—No Allegations of Misconduct by Personal Representative

The Fourth Department determined plaintiff the sole heir, did not have standing to bring his own action for recovery of the property of the estate because there were no allegations of misconduct on the part of the personal representative:

…[T]he estate representative is charged with the duty of recovering property of the estate, and that plaintiff, as decedent’s sole heir, has no independent cause of action, either in his own right or the right of the estate, to maintain an action for recovery of the property of the estate, absent extraordinary circumstances … . Extraordinary circumstances include collusion of the personal representative with others or an “unreasonable refusal” of the personal representative of the estate to commence an action … . Inasmuch as the extraordinary circumstances must relate directly to the actions of the personal representative of the estate, we conclude that the court erred in determining that the “unique and novel circumstances” of this case, i.e., “homicide, possible forgery, perjury, false statements, and possible conflicts of interest,” constitute the requisite extraordinary circumstances… . Castor v Pulaski, 2014 NY Slip Op 03386, 4th Dept 5-9-14

 

You might also like
Okay to Compel Plaintiff to Produce Medical Reports Linking Injury to Lead Paint or Be Precluded from Introducing Such Evidence
APPEAL OF THE STATUTORY SPEEDY TRIAL ISSUE FORECLOSED BY THE GUILTY PLEA AND THE WAIVER OF APPEAL; THE STATEMENT-SUPPRESSION ISSUE FORECLOSED BY THE WAIVER OF APPEAL; THE CONSTITUTIONAL SPEEDY TRIAL ISSUE WAS ABANDONED (FOURTH DEPT).
PLAINTIFF TESTIFIED HE DID NOT CHECK THE POSITION OR LOCKING MECHANISM OF THE A-FRAME LADDER HE FELL FROM, PLAINTIFF’S SUMMARY JUDGMENT MOTION IN THIS LABOR LAW 240(1) ACTION SHOULD NOT HAVE BEEN GRANTED, DISSENT DISAGREED (FOURTH DEPT).
THE PROPERTY OWNERS DID NOT DEMONSTRATE THEY COULD NOT REALIZE A REASONABLE RETURN ON THE PROPERTY ABSENT THE USE VARIANCE ALLOWING CONSTRUCTION OF A “DOLLAR STORE;” THE USE VARIANCE SHOULD NOT HAVE BEEN GRANTED (FOURTH DEPT).
Officer Outside Village Limits Did Not Have Jurisdiction to Arrest for Traffic Offenses but Arrest for DWI Okay
DEFENDANT’S SENTENCE DEEMED TOO HARSH BASED UPON DEFENDANT’S CRIMINAL HISTORY, THE PLEA DEAL DEFENDANT WAS OFFERED BEFORE TRIAL, AND THE ABSENCE OF ANY NEW EVIDENCE REVEALED BY THE TRIAL (FOURTH DEPT).
THE PLAINTIFF SHOULD NOT HAVE BEEN ALLOWED TO CROSS EXAMINE THE DEFENSE EXPERT USING DECEDENT’S HUSBAND’S DEPOSITION IN THIS NEGLIGENCE AND PUBLIC-HEALTH-LAW VIOLATION CASE; THE DECEDENT’S HUSBAND, A NONPARTY, WAS AVAILABLE TO TESTIFY; THE PLAINTIFF’S VERDICT SHOULD HAVE BEEN SET ASIDE (FOURTH DEPT).
THE ROBBERY CONVICTION WAS AGAINST THE WEIGHT OF THE EVIDENCE; THE STOP AND FRISK OF DEFENDANT WAS NOT JUSTIFIED; THE SHOWUP IDENTIFICATION SHOULD HAVE BEEN SUPPRESSED (FOURTH DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Allegations that Town Was Negligent in Maintaining a Sewer System Involve a... Request for Petitioner’s Income Tax Records Properly Denied—Insufficient...