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SHEAHAN v. RODRIGUEZ

194 Misc.2d 179 (2002)

753 N.Y.S.2d 664

JOHN J. SHEAHAN et al., Plaintiffs, v. ESTHER RODRIGUEZ, Public Administrator, as Administratrix of the Estate of Luis A. ROSA, Deceased, Defendant.

Surrogate's Court, Bronx County.

December 10, 2002.

Attorney(s) appearing for the Case

Kelly, Rode & Kelly, LLP (Thomas W. Ledwith of counsel), for defendant.

Thomas J. McKenna (Edward B. Suh of counsel), for plaintiffs.

OPINION OF THE COURT

LEE L. HOLZMAN, J.

The primary issue raised in this CPLR 3211 (a) (8) motion to dismiss the complaint is whether the Bronx County Surrogate's Court lacked subject matter jurisdiction to issue temporary limited letters of administration to the Public Administrator of Bronx County in the estate of a nondomiciliary alleged tortfeasor. The Public Administrator's authority under the letters...

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