Litigating Commercial Disputes in Surrogate’s Court – Part I: Jurisdiction over Business & Commercial Disputes

Farrell Fritz partner Eric Penzer is the Program Chair for part one of this three-part series hosted by the New York City Bar. Participants will receive 2 CLE credits in Professional Practice.

Part I — Jurisdiction over Business & Commercial Disputes

An expert panel will explore the scope and limitations of the Surrogate’s Court’s jurisdiction to entertain and determine business and commercial disputes. While it is oft-repeated that the Surrogate’s Court has no jurisdiction to hear “disputes between living persons” that adage is somewhat overstated. The Surrogates Courts can properly entertain disputes, even those involving living persons that affect a decedent’s affairs or the administration of a decedent’s estate within their jurisdiction, including business and commercial disputes that could alternatively be maintained in the Supreme Court. The line to be drawn between the disputes over which the Surrogate’s Court has jurisdiction and those over which it does not is thin and often difficult to discern. This presentation will concern the Surrogate’s Court’s jurisdiction over such proceedings, including the rules governing transfers of such proceedings to Surrogate’s Courts from other court.