Leikind's Estate, In re

• Decision Date: 29 July 1966
• Citation: 272 N.Y.S.2d 512,50 Misc.2d 1096
• Parties: In re LEIKIND'S ESTATE. Petition of Harry LAIKIND, to render and settle his Account as Administratorof Sam Leikind, Deceased. Surrogate's Court, Kings County
• Court: New York Surrogate Court

Page 512

272 N.Y.S.2d 512

50 Misc.2d 1096

In re LEIKIND'S ESTATE Petition of Harry LAIKIND, to render and settle his Account as Administratorof Sam Leikind, Deceased.

Surrogate's Court, Kings County.

July 29, 1966.

Edward Pious, New York City, for petitioner.

Louis J. Lefkowitz, Atty. Gen., Albany, Kenneth D. Shearer, Asst. Atty. Gen., New York City, for the Attorney-General.

EDWARD S. SILVER, Justice.

Pursuant to a decree of this Court dated October 19, 1961 the sum of $6,397.03 was deposited with the Treasurer of the City of New York to the credit of Dvaireh Kaminsky, a resident of the Soviet Union, (hereinafter referred to as Dvaireh) subject to the further order of this Court, in accordance with the provisions of section 269--a of the Surrogate's Court Act. This is a petition by an alleged judgment creditor, a brother, (hereinafter referred to as Harry) for an order directing the Director of Finance to pay to the Sheriff the sum of $7,283.32, plus accrued interest, to satisfy a judgment in the sum of $7,308.00 in favor of the petitioner. The petition alleges that the Director of Finance refuses to honor the levy unless an order is made by this Court authorizing and directing him to turn over the said funds.

It appears from the papers filed herein and the file in the Supreme Court action in which the judgment was obtained that Harry was the administrator of the estate in which the deposit was directed; Dvaireh, entitled to a one-sixth interest, was the only distributee for whom deposit was so directed. In his complaint in the Supreme Court action, Harry alleged that Dvaireh was indebted to him and demanded judgment in the sum of $3,603. with interest from November 25, 1930. The complaint was sworn to October 25, 1963, a Friday. Annexed to the papers filed herein is a letter from one, 'Dveira Samvilovna Ksminskaya' dated the preceding Sunday and apparently postmarked at Minsk, U.S.S.R., the Monday preceding the verification of the complaint, a coincidence showing that truth is sometimes stranger than fiction. The latter tells Hersh (Harry) that he never refused her when she asked for money; 'I promised that I would repay this money with interest. Now the time has come to repay all I owe you. I know that my brother Shelma (Sam) left me an inheritance which cannot be sent to me. * * * Considering that I owe you $3,600.00 I should like to repay you with this money. Dear brother Hersh, try to get this money that I owe you through the court and I will be very glad that I have repaid you from my inheritance. * * *.' Jurisdiction in the Supreme Court action was based on attachment of the fund in the hands of the Director of Finance; service on the debtor was by publication and mailing and, of course, no answer was interposed.

Judgment was entered May 18, 1964 in the total amount of $7,308. of which $3,603. was the amount of the claim, interest from 1947 was $3,672. and costs $33. By a queer quirk of fate, the amount shown on the certificate of the Director of Finance on hand to the credit of Dvaireh is $7,283.32. The Director of Finance refused to honor the Sheriff's levy and demand and advised the petitioner that the fund was held subject to the further order of the Surrogate's Co...