person having claim in New York

2024Bember, as petitioner, bears the burden of establishing title to any property by "clear and convincing evidence" ( see e.g. r Matter of Rivera, 9 Misc 3d 1102 (A) [Sur Ct, Nassau Cty 2005], citing Matter of Poggemeyer, 87 AD2d 822 [2 nd Dept 1982] and Matter of Effross, 43 AD2d 539 [1 st Dept 1973]).

2024Bember, as petitioner, bears the burden of establishing title to any property by "clear and convincing evidence" ( see e.g. r Matter of Rivera, 9 Misc 3d 1102 (A) [Sur Ct, Nassau Cty 2005], citing Matter of Poggemeyer, 87 AD2d 822 [2 nd Dept 1982] and Matter of Effross, 43 AD2d 539 [1 st Dept 1973]).

1980Petitioner instituted this proceeding pursuant to SCPA 2105, subdivision 1 of which provides, "A person having a claim to specific money or personal property or the proceeds thereof alleged to be in the possession of or under the control of a fiduciary may present to the court from which letters were issued to the fiduciary a petition showing the facts and praying that the fiduciary be required to show cause why he should not be required to deliver the specific money or personal property or the proceeds thereof.” Subdivision 3 of that section provides, "Upon return of process the court must he

1980Petitioner instituted this proceeding pursuant to SCPA 2105, subdivision 1 of which provides, "A person having a claim to specific money or personal property or the proceeds thereof alleged to be in the possession of or under the control of a fiduciary may present to the court from which letters were issued to the fiduciary a petition showing the facts and praying that the fiduciary be required to show cause why he should not be required to deliver the specific money or personal property or the proceeds thereof.” Subdivision 3 of that section provides, "Upon return of process the court must he

1972(Bradley v. Roe, 257 App. Div. 1005 , revd. on other grounds 282 N. Y. 525 ; Broder v. Broudarge, 38 N. Y.

1972(Bradley v. Roe, 257 App. Div. 1005 , revd. on other grounds 282 N. Y. 525 ; Broder v. Broudarge, 38 N. Y.

1938(Matter of Raymond v. Davis, 248 N. Y. 67 .) Section 206-a of the Surrogate’s Court Act provides that: “ A person having a claim to specific money or other personal property or the proceeds thereof alleged to be in the possession or under the control of an executor, administrator, temporary administrator, guardian or testamentary trustee may present to the Surrogate’s Court from which letters were issued, a petition setting forth the facts and praying that such representative be cited to show cause why he should not be required to deliver such specific money or other personal property or the p

1920(New York Catholic Protectory v. Rockland County, 212 N. Y. 311 .) The special auditor’s act for Suffolk county (Laws of 1916, chap. 107, as amd. by Laws of 1917, chap. 58) does not change this rule.

1913Co. ( 153 App. Div. 617 ) that if a person having a claim for damages for injury due to another’s negligence, had during his life permitted the statute to become a bar to his claim, no cause of action for -his death, though due to that injury, would survive or accrue to his representative.