RICKETTS v. NEW YORK CONGREGATIONAL NURSING CENTER, INC.

2014-05332

130 A.D.3d 801 (2015)

12 N.Y.S.3d 564

2015 NY Slip Op 06125

ORRETT V. RICKETTS, as Administrator of the Estate of YVONNE RICKETTS, Deceased, Respondent, v. NEW YORK CONGREGATIONAL NURSING CENTER, INC., Appellant.

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

Decided July 15, 2015.


Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the defendant's motion pursuant to CPLR 3211 (a) (3) to dismiss the complaint, made on the ground that the plaintiff, a convicted felon, was ineligible to serve as executor of the estate of his decedent, since letters testamentary previously issued to the plaintiff by the Surrogate's Court have not been revoked by that court (see SCPA...

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