Matter of Wyche

In Matter of Wyche (84 A.D.2d 223, affd 56 NY2d 748) the defendant was a California domiciliary at the time of her death, and the Albany County Surrogate's Court issued letters of administration in her estate so that an action for her alleged tortious conduct in New York could be commenced against her in this jurisdiction. The Surrogate's Court denied the insurance carrier's motion to revoke the letters of administration that had been issued. Even though the Appellate Division reversed, it noted that Rush v. Savchuk (444 U.S. 320) did not present a constitutional impediment to the commencement of the tort action in New York because the tort was committed in this jurisdiction and the obligation of the decedent's insurer to defend against the action is deemed to be personal property located in New York. However, when the case was decided in 1982, SCPA 206 (2) provided that the New York property of a nondomiciliary decedent was deemed to be located in only one county in New York and the Surrogate's Court in that county had exclusive jurisdiction over the estate of the nondomiciliary. Consequently, the Appellate Division revoked the letters issued by the Albany County Surrogate's Court, holding that the New York County Surrogate's Court had exclusive jurisdiction because the deceased defendant's insurer had an office in New York County.