AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

CELESTE ROVELLO, ETC., ET AL., appellants, v. DONALD S. KLEIN, ET AL., defendants, MARTIN SKLAR, ET AL., respondents.

DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

After the judicial settlement of the estate of the plaintiffs' decedent, Jack Rovello, the plaintiffs allegedly discovered that the respondents Martin Sklar, Betsy Adam, Ltd., and Betsy Adam Sales, Inc. (hereinafter the respondents), defrauded the estate by concealing certain assets from the defendant George Lambert, the public administrator assigned to administer the estate. The plaintiffs commenced this action against, among others, the respondents, inter alia, to recover damages for fraud. The respondents cross-moved to dismiss the complaint insofar as asserted against them on the grounds of res judicata, collateral estoppel, release, waiver, and documentary evidence. The Supreme Court granted the cross motion on these grounds. We affirm on a different ground.

If there is any right of recovery against the respondents, such right is an asset of the estate and an action may be maintained thereon only by a duly authorized representative of the estate ( see Steuer v. Hector's Tavern, 1 A.D.2d 1003; Gerber v. State Bank, 167 A.D. 263, 266; Nichols v. Smith, 164 A.D. 304, 310). As it is undisputed that none of the plaintiffs is an authorized representative of the estate, this action was properly dismissed insofar as asserted against the respondents.

In light of the foregoing, we need not reach the parties' remaining contentions.

KRAUSMAN, J.P., SCHMIDT, MASTRO and RIVERA, JJ., concur.

Use AI to get other relevant cases.

Comments

ROVELLO v. KLEIN
(May 10, 2004)