Legislation
SECTION 1813
Disputed or unsettled debt or claim may be compromised, compounded or sold; compromise of infant's claim or action in supreme court 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 18
§ 1813. Disputed or unsettled debt or claim may be compromised,
compounded or sold; compromise of infant's claim or action in
supreme court
1. Upon the application of a fiduciary or any person (other than a
claimant) whose rights or interests will be affected by allowance of the
claim, the court may for good cause shown either ex parte or upon notice
to such persons and in such manner as it directs authorize the
compromising or compounding of any debt, claim or demand, due or to
become due, which is necessary to be settled, adjusted or liquidated in
connection with the settlement of an estate and the sale at public
auction on such notice as directed by the court of any uncollectible,
stale or doubtful debt or claim belonging to the estate, but any party
interested in the final settlement who has not received notice may show
on the settlement that the debt or claim was fraudulently compromised or
compounded.
2. In addition to the foregoing powers, the surrogate of any county in
which there is no resident justice of the supreme court qualified to act
and in which there is then no term of supreme court in session may act
pursuant to the provisions of the CPLR with respect to an application
for the approval of a settlement of an infant's claim or of a cause of
action belonging to an infant, pending in the supreme court in that
county, to the same extent and with the same power and jurisdiction as
though he were a justice of the supreme court.
compounded or sold; compromise of infant's claim or action in
supreme court
1. Upon the application of a fiduciary or any person (other than a
claimant) whose rights or interests will be affected by allowance of the
claim, the court may for good cause shown either ex parte or upon notice
to such persons and in such manner as it directs authorize the
compromising or compounding of any debt, claim or demand, due or to
become due, which is necessary to be settled, adjusted or liquidated in
connection with the settlement of an estate and the sale at public
auction on such notice as directed by the court of any uncollectible,
stale or doubtful debt or claim belonging to the estate, but any party
interested in the final settlement who has not received notice may show
on the settlement that the debt or claim was fraudulently compromised or
compounded.
2. In addition to the foregoing powers, the surrogate of any county in
which there is no resident justice of the supreme court qualified to act
and in which there is then no term of supreme court in session may act
pursuant to the provisions of the CPLR with respect to an application
for the approval of a settlement of an infant's claim or of a cause of
action belonging to an infant, pending in the supreme court in that
county, to the same extent and with the same power and jurisdiction as
though he were a justice of the supreme court.