N.Y. Surrogate's Court Procedure Act § 1906: Trial and determination of debts, claims and expenses; statute of limitations 1

§ 1906. Trial and determination of debts, claims and expenses; statute

of limitations

1. If any claim, debt, demand, charge, or expense set forth in the

petition presented prior to an application for judicial settlement, or

set forth in the account or presented on the judicial settlement is

objected to by any party to the proceeding whose interest will be

affected by its allowance or disallowance the claim, debt, demand,

charge or expense shall be determined, notwithstanding its admission or

allowance by the fiduciary.

2. Where a defense arises under the statute of limitations as to any

item so admitted or allowed it shall be deemed to be rejected by the

fiduciary at the time of the objection and the time between its

presentation or the commencement of an action where it was not presented

and the time of such objection shall not be a part of the time limited

in this act for commencing an action thereon.