• Surrogate's Court, Bronx County
  • Dec 20 2012 (Date Decided)
  • Surrogate Holzman
ESTATE OF NORMAN KNOX, ALSO KNOWN AS NORMAN KNOX, JR., Deceased — In this proceeding in which the administrator seeks to compel New York Life Insurance Company (the objectant) to turn over to the estate all annuity payments payable to the decedent's spouse, the objections interposed by the objectant assert lack of subject matter jurisdiction and failure to join an indispensable party; namely, New York Life Insurance and Annuity Corporation (New York Annuity), the entity that allegedly owns and is contractually obligated to make the annuity payments. On the return date of the proceeding the spouse appeared pro se without filing objections and all parties agreed to treat the objections as a motion by the objectant, in effect, pursuant to CPLR 3211 (a) (2) and (10), to dismiss the proceeding. The administrator opposes the motion. Essentially he asserts that because this court's order dated April 29, 2010 directed the spouse to turn over the annuity, and the spouse failed to comply, that order is the law of the case warranting turnover of payments by the annuity issuer.

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