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MATTER OF RAY

24 Misc.3d 285 (2009)

874 N.Y.S.2d 891

In the Matter of the Estate of GERTRUDE RAY, Also Known as GERTRUDE RAY FIELDS and as GERTRUDE FIELDS RAY, Deceased.

Surrogate's Court, Kings County.

Decided March 10, 2009.

Attorney(s) appearing for the Case

Simmons, Jannace & Stagg, LLP, Syosset (Thomas E. Stagg of counsel), for JPMorgan Chase, respondent.

Seth Rubenstein, P.C., Brooklyn, for Dolores McCullough, petitioner.

OPINION OF THE COURT

DIANA A. JOHNSON, S.

Upon the foregoing papers, respondent JPMorgan Chase bank moves for an order pursuant to CPLR 3211 (a) (1) and (7) dismissing this turnover proceeding as against it. In the alternative Chase moves to dismiss or stay the proceeding to permit arbitration of the claims asserted against it.

Petitioner Dolores McCullough commenced the underlying turnover proceeding citing LaVerne Cave, Alvin Eugene Leonard and...

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