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§ 1808. Effect of rejection of claim by fiduciary
1. Except as otherwise provided in 1810, whenever a fiduciary rejects
a claim in whole or in part all issues relating to the validity and
enforceability of the claim shall be tried and determined upon the
judicial settlement of his account.
2. The account of the fiduciary shall list all claims rejected by him
in whole or in part and the reason for their rejection.
3. Service of the notice required by 1806 shall be completed prior to
the filing of any account reporting a rejected claim.
4. Any claimant adversely affected may within 8 days from the return
of process serve and file objections to the account together with a copy
of his notice of claim and any supporting affidavit filed with the
fiduciary. If the fiduciary shall raise any affirmative defense to the
claim that is not set forth in his account, he shall within 5 days from
the service upon him of a copy of the objections serve and file a reply
to the objections setting forth the affirmative defense. Any person
whose interests in the estate may be adversely affected by the allowance
of the claim may within 8 days from the filing of objections by a
claimant serve and file a reply to the objections setting forth any
defense to the claim not set forth in the account.
5. Where one whose claim has been rejected by the fiduciary has
petitioned for a compulsory judicial settlement of his account the
fiduciary may in his answer to the petition show the condition of the
estate and all facts relating to the rejection of the claim and pray for
a judicial determination of the validity and enforceability of the claim
as a preliminary step in the accounting proceeding. The court may
thereupon determine the claim and all issues relating thereto and make
such direction for its payment as justice shall require.
6. With respect to any limitation of time within which an action or
proceeding may be brought and with respect to examinations before trial,
bills of particulars and disclosure generally, the presentation of a
claim as provided in 1803 shall be deemed the institution of a special
proceeding for the collection of the claim.
FILED: ERIE COUNTY CLERK 12/29/2023 11:20 AM INDEX NO. 807726/2023 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/29/2023 EXHIBIT B FILED: ERIE COUNTY CLERK 12/29/2023 11:20 AM INDEX NO. 807726/2023 NYSCEF DOC. NO. 12 …
Erie County, NY
Dec 29, 2023
Kelly Vacco
FILED: ROCKLAND COUNTY CLERK 05/09/2014 INDEX NO. 030405/2014 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 05/09/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND ---------------------------------------------------------------------------x Index No. …
(FILED: NEW YORK COUNTY CLERK 0372372016 04:06 PM INDEX NO. 157736/2015 NYSCEF DOC. NO. 72 RECEIVED NYSCEF: 03/23/2016 Form Compliments of: DICK BAILEY APPELLATE PRINTING SPECIALISTS (800) 531-2028 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK pene n…
New York County, NY
Mar 23, 2016
Contract (Non-Commercial)
FILED: QUEENS COUNTY CLERK 01/27/2020 12:28 PM INDEX NO. 720432/2019 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 01/27/2020 ' · …
Queens County, NY
Jan 27, 2020
Real Property - Mortgage Foreclosure - Residential
FILED: ONEIDA COUNTY CLERK 12/12/2023 05:41 PM INDEX NO. EFCA2023-003210 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/12/2023 …
Oneida County, NY
Dec 12, 2023
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