Practice point: Pursuant to Estates, Powers and Trusts Law 11-3.2(b), a personal representative of the decedent may bring an action for injury to decedent’s person or property.
Practitioners should note that 13-3.5(a)(1) provides that a foreign decedent’s representative bringing an action in New York must, within 10 days of commencing the action, file a copy of the representative’s letters, authenticated as required by CPLR 4542.
Case: Schoeps v. Andrew Lloyd Webber Art Foundation, NY Slip Op 06155 (1st Dept. 2009)
The opinion is here.
Tomorrow’s issue: Motion practice.
