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RUBIN v. IRVING TRUST CO.

200 Misc. 250 (1951)

Milton H. Rubin, Plaintiff, v. Irving Trust Company, as Executor of Harold Rubin, Deceased, et al., Defendants.

Supreme Court, Special Term, New York County.

February 26, 1951.

Attorney(s) appearing for the Case

James N. Vaughan for Irving Trust Company, defendant.

Simon H. Rifkind for plaintiff.

BENVENGA, J.

Motion by defendant, Irving Trust Company, for judgment dismissing complaint on the ground that there is another action pending between the same parties for the same cause (Rules Civ. Prac., rule 107); i.e., a proceeding in the Surrogate's Court between the same parties concerning the same subject matter. The question presented involves the construction and effect of section 211 of the Surrogate's Court Act.

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