SMITH v. VARRIAL


99 A.D.2d 753 (1984)

James A. Smith, Jr., Appellant, v. Ronald H. Varrial et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 6, 1984


Order reversed, with costs, and defendants' motion to change venue denied.

In this action by plaintiff pursuant to EPTL 11-1.5 to recover his distributive share of the decedent's estate, in which he also seeks punitive damages, defendants urge that the proper tribunal and venue for the action is the Surrogate's Court, Richmond County, where decedent resided and where letters of administration were issued. Plaintiff, however, a Westchester County resident, properly...

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