CHO v. CHO

The court properly denied plaintiffs motion for partial summary judgment. Plaintiff lacked standing to commence this action because only a duly appointed representative may maintain an action on behalf of an estate ( see Palladino v Metropolitan Life Ins. Co., 188 AD2d 708).

Since counsel advises the Court that plaintiff has obtained letters of administration, and in the interests of judicial economy, the action is transferred to the Surrogate's Court, which is the more appropriate forum for adjudication of the issues raised herein ( see Ahders v Ahders, 176 AD2d 230).