Todd Shipyards Corp. v. Smith 42 A.D.2d 933

Order, Supreme Court, New York County, entered on March 20, 1973, unanimously affirmed, without costs and without disbursements. Since we agree that the matter was properly transferred to the Surrogate’s Court, Kings County, that part of the order denying summary judgment is affirmed, without prejudice to a renewal of the motion in the Surrogate’s Court if the plaintiff is so advised. Concur — Stevens, P. J., Markewich, Nunez, Kupferman and Murphy, JJ.