ESTATE OF SANFORD SCHWABER, Deceased

ESTATE OF SANFORD SCHWABER, Deceased (14/2779/A) — In this turnover proceeding brought pursuant to SCPA §2103, the petitioners, Fern H. Schwaber and Robert J. Schwaber, as co-executors (petitioners) seek a court decree directing a) 1675 E. 18th Street, LLC, to deliver the security deposit and accumulated interest of the decedent to them as co-executors, b) that 1675 E. 18th Street, LLC, pay damages to petitioners as co-executors in the sum of $1,000.00 pursuant to GBL §349, c) that 1675 E. 18th Street, LLC, pay petitioners attorneys' fees in the sum of $8,707.50 pursuant to GBL §349 and d) that 1675 E. 18th Street, LLC pay petitioner's costs and disbursements in the amount of $225.00 (petition). Respondent, 1675 E. 18th Street, LLC (respondent) was served with a Citation returnable on April 7, 2015, however, defaulted in appearing, and has not filed any objections to the petition.

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ESTATE OF SANFORD SCHWABER, Deceased (14/2779/A) — In this turnover proceeding brought pursuant to SCPA §2103, the petitioners, Fern H. Schwaber and Robert J. Schwaber, as co-executors (petitioners) seek a court decree directing a) 1675 E. 18th Street, LLC, to deliver the security deposit and accumulated interest of the decedent to them as co-executors, b) that 1675 E. 18th Street, LLC, pay damages to petitioners as co-executors in the sum of $1,000.00 pursuant to GBL §349, c) that 1675 E. 18th Street, LLC, pay petitioners attorneys’ fees in the sum of $8,707.50 pursuant to GBL §349 and d) that 1675 E. 18th Street, LLC pay petitioner’s costs and disbursements in the amount of $225.00 (petition). Respondent, 1675 E. 18th Street, LLC (respondent) was served with a Citation returnable on April 7, 2015, however, defaulted in appearing, and has not filed any objections to the petition.

Pursuant to CPLR §3018, where there is a default, the allegations in the petition are not denied and are deemed admitted. See, In re Walker’s Will, 32 Misc2d 794 (1961). SCPA §509 provides that a petition, unless denied by an answer, objection or other proof, is due proof of the facts stated therein. In re French’s Estate, 119 Misc 445 (1992).

ESTATE OF SANFORD SCHWABER, Deceased

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