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VMS CAPITAL GROUP, INC., plaintiff v. ALTHEA SMITH AS PROPOSED ADMINISTRATOR OF THE ESTATE OF ELAINE JENKINS, SURVIVING SPOUSE OF WILLIE JENKINS AND ALTHEA SMITH, Individually, Defendant (15/980/A) — On April 4, 2017, Althea Smith (the movant) filed the instant motion seeking an order dismissing the complaint filed by VMS Capital Group, Inc. (VMS) against her, in her individual capacity and as proposed administrator of the estate of Elaine Jenkins (the decedent), and vacating the Notice of Pendency filed by VMS against certain real property belonging to the decedent’s estate.

The decedent died, intestate, on March 23, 2014, survived by two adult children, namely the petitioner herein and Scheron Smith. The primary asset of the decedent’s estate is certain real property located at 751A Monroe Street, Brooklyn, New York (the real property). The movant filed a petition for letters of administration in the decedent’s estate on March 17, 2015. Letters of administration were issued to the movant on February 10, 2017.

 
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