N.Y. Surrogate's Court Procedure Act § 1808: Effect of rejection of claim by fiduciary 1

§ 1808. Effect of rejection of claim by fiduciary

1. Except as otherwise provided in 1810, whenever a fiduciary rejects

a claim in whole or in part all issues relating to the validity and

enforceability of the claim shall be tried and determined upon the

judicial settlement of his account.

2. The account of the fiduciary shall list all claims rejected by him

in whole or in part and the reason for their rejection.

3. Service of the notice required by 1806 shall be completed prior to

the filing of any account reporting a rejected claim.

4. Any claimant adversely affected may within 8 days from the return

of process serve and file objections to the account together with a copy

of his notice of claim and any supporting affidavit filed with the

fiduciary. If the fiduciary shall raise any affirmative defense to the

claim that is not set forth in his account, he shall within 5 days from

the service upon him of a copy of the objections serve and file a reply

to the objections setting forth the affirmative defense. Any person

whose interests in the estate may be adversely affected by the allowance

of the claim may within 8 days from the filing of objections by a

claimant serve and file a reply to the objections setting forth any

defense to the claim not set forth in the account.

5. Where one whose claim has been rejected by the fiduciary has

petitioned for a compulsory judicial settlement of his account the

fiduciary may in his answer to the petition show the condition of the

estate and all facts relating to the rejection of the claim and pray for

a judicial determination of the validity and enforceability of the claim

as a preliminary step in the accounting proceeding. The court may

thereupon determine the claim and all issues relating thereto and make

such direction for its payment as justice shall require.

6. With respect to any limitation of time within which an action or

proceeding may be brought and with respect to examinations before trial,

bills of particulars and disclosure generally, the presentation of a

claim as provided in 1803 shall be deemed the institution of a special

proceeding for the collection of the claim.