This is an appeal from the IAS court's refusal to vacate a prior order transferring this action, pursuant to SCPA 207, to the Surrogate's Court. The sole issue on the appeal is whether the Surrogate's Court has subject matter jurisdiction over this dispute concerning a lifetime trust established by the decedent. We agree with defendant that the Surrogate's Court has jurisdiction over the dispute.
Plaintiff Peter Wagenstein and his sister, defendant Ellen Shwarts,...
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