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Dusen v. Sturm

Appellate Division of the Supreme Court of New York, Fourth Department
May 17, 1939
257 App. Div. 914 (N.Y. App. Div. 1939)

Opinion

May 17, 1939.

Present — Sears, P.J., Crosby, Lewis, Cunningham and Taylor, JJ.


Order reversed on the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. Memorandum: The complaint has been dismissed upon the ground that the Surrogate's Court of Steuben county did not have jurisdiction to grant letters of administration upon the estate of plaintiff's intestate. The petition for letters of administration, the complaint and the affidavits upon which the motion to dismiss the complaint was made, show that decedent was a resident of the State of Pennsylvania; that he was injured in a collision of motor vehicles in Steuben county and died in that county; that his administratrix has a cause of action for his wrongful death against two residents of Binghamton, Broome county, N.Y. The Surrogate's Court of a county has jurisdiction to grant letters of administration when the decedent is not a resident of the State but died in that county, leaving personal property within the State. (Surr.Ct. Act, § 45, subd. 2.) The decedent was a non-resident of the State and died in the county of Steuben. The cause of action for the wrongful death of decedent against two residents of Binghamton was personal property situate in New York State. (Surr.Ct. Act, § 47.) Therefore, the Surrogate's Court of Steuben county had jurisdiction to grant letters of administration to Josephine Van Dusen under the provisions of section 45, subdivision 2, of the Surrogate's Court Act.

Subdivision 3 of section 45 of the Surrogate's Court Act does not affect the jurisdiction of the Surrogate's Court in this case, as that subdivision applies only when the decedent died without the State of New York. All concur. (The order grants defendant's motion to dismiss the complaint in an automobile negligence action.)


Summaries of

Dusen v. Sturm

Appellate Division of the Supreme Court of New York, Fourth Department
May 17, 1939
257 App. Div. 914 (N.Y. App. Div. 1939)
Case details for

Dusen v. Sturm

Case Details

Full title:JOSEPHINE VAN DUSEN, as Administratrix, etc., of HAROLD J. VAN DUSEN…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: May 17, 1939

Citations

257 App. Div. 914 (N.Y. App. Div. 1939)

Citing Cases

Matter of Mullins

Section 47, as amended, must be read in conjunction with subdivision 2 of section 45 to determine the…

In re Scarborough

This statement of the law is recognized as correct elsewhere. Van Dusen v. Sturm, 12 N.Y.S.2d 133; Land v.…