Real Property Law

In an action for partition of real property previously owned by a decedent, the party seeking partition appealed from Supreme Court's dismissal of the action without prejudice to commencement of a proceeding for the same relief in Surrogate's Court. The Appellate Division reversed and remitted to Supreme Court, holding that because the party seeking partition had received deeds from some of the decedent's intestate distributes, the property was not part of decedent's administrable estate.

Former owner of the property died intestate in 2000, leaving 5 children and a grandson as his distributees. In 2010, Surrogate's Court issued letters of administration to one of decedent's daughters. In 2017, three of the distributees conveyed their interests to an entity which almost immediately brought a partition action against the other three distributees, including the daughter who had been appointed administrator. Current plaintiff, LCD Holding, was then substituted for the entity seeking partition, and moved for summary judgment and appointment of a referee. Supreme Court directed dismissal of the action because Surrogate's Court had issued letters of administration to the daughter. LCD Holding appealed.