Appellate Division of the Supreme Court of the State of New York February 8, 2001 (Cherry v. Mallery)

—Rose, J.

Appeal from an order of the Supreme Court (Hughes, J.), entered December 1, 1999 in Schoharie County, which partially denied defendant’s motion to dismiss the complaint for failure to state a cause of action.

In 1992, Surrogate’s Court issued letters of administration in the estate of Theresa M.