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MATTER OF KORN v. KORN

Index No. 2001-4153, Appeal No. 16183, Case No. 2021-01366.

206 A.D.3d 529 (2022)

172 N.Y.S.3d 4

2022 NY Slip Op 04095

In the Matter of Edward D. Korn, Respondent-Appellant, v. Robert B. Korn, Appellant-Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 23, 2022.

Attorney(s) appearing for the Case

Morrison Cohen LLP, New York (David A. Piedra of counsel), for appellant-respondent.

Bryan Cave Leighton Paisner LLP, New York (Courtney J. Peterson of counsel), for respondent-appellant.

Concur—Renwick, J.P., Kern, Kennedy, Mendez, Higgitt, JJ.

Petitioner's removal of the coin collection out of state was not improper because the coin collection did not belong to the decedent (see SCPA 710[4]; 711[7]). While the removal of other tangible property, including jewelry, was improper, no harm to the estate resulted, as that property was subsequently returned and accounted for (see Matter of Petrocelli, 307 A.D.2d 358, 360 [2d Dept 2003]).

Petitioner breached his...

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