MATTER OF SCOTT


125 Misc.2d 1024 (1984)

In the Matter of The Estate of Lewis W. Scott, Deceased.

Surrogate's Court, Monroe County.

October 25, 1984


Attorney(s) appearing for the Case

Louis N. Kash, Corporation Counsel (Susan L. Hauser of counsel), for City of Rochester. Handelman & Witkowicz (Martin S. Handelman of counsel), for estate.


ARNOLD F. CIACCIO, J.

The question presented is whether this court's permission is required before the City of Rochester, hereinafter referred to as City, can enforce its in rem judgment of foreclosure on property owned by the deceased and now an asset of the estate.

CPLR 5208 clearly restricts a judgment creditor from enforcing a money judgment against a deceased debtor without first obtaining leave of the Surrogate. The operative language is...

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