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MATTER OF KING

305 A.D.2d 683 (2003)

759 N.Y.S.2d 895

In the Matter of the Estate of VIVIEN KING, Deceased. NANCY KING, Appellant; JOSEPH GAIER, Respondent, et al., Respondent.

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

Decided May 27, 2003.

Ordered that the order is affirmed, with costs payable by the estate.

The petitioner commenced a discovery proceeding pursuant to SCPA article 21. "[C]ourts have likened such a proceeding to an action for conversion or replevin and applied a three-year Statute of Limitations" (Matter of Witbeck, 245 A.D.2d 848, 849 [1997]; see Matter of Neshewat, 237 A.D.2d 524, 525 [1997]). The...

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