MATTER OF OBREGON


91 N.Y.2d 591 (1998)

696 N.E.2d 984

673 N.Y.S.2d 972

In the Matter of Joel S. Stern, as Ancillary Administrator of The Estate of Oscar Obregon, Deceased. Joel S. Stern, Appellant; Morgan Stanley Group Inc. et al., Respondents.

Court of Appeals of the State of New York.

Decided May 14, 1998.


Attorney(s) appearing for the Case

Stern, Wiener & Levy, L. L. P., New York City (Joel S. Stern of counsel), for appellant.

Davidson, Dawson & Clark, L. L. P., New York City (T. Randolph Harris and Jodi R. Lustgarten of counsel), for Morgan Stanley Group Inc., respondent.

Milbank, Tweed, Hadley & McCloy, New York City (Eugene F. Farabaugh, Russell E. Brooks and Frederick M. Sembler of counsel), for Barclays Bank PLC, respondent.

Chief Judge KAYE and Judges SMITH, CIPARICK and WESLEY concur with Judge BELLACOSA; Judge LEVINE dissents and votes to reverse in a separate opinion in which Judge TITONE concurs.


BELLACOSA, J.

This is a discovery, turn-over proceeding brought by an ancillary administrator (Stern) in New York County concerning property in the Cayman Islands, all with respect to an estate being administered primarily in Mexico. This Court must determine whether the subject matter jurisdiction of the New York Surrogate's Court extends to the Cayman Islands assets of decedent, a Texas resident and Mexican...

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