MATTER OF TESSER


4 Misc.2d 712 (1957)

In the Matter of The Estate of David Tesser, Deceased.

Surrogate's Court, Kings County.

January 25, 1957.


Attorney(s) appearing for the Case

Herman L. Brutten for motion.

Weis, Craig, Goldwasser & Sheinberg opposed to motion.


MAXIMILIAN MOSS, S.

The respondents move on three grounds for an order dismissing the petition and vacating the order to show cause granted thereon in a proceeding instituted pursuant to section 205 of the Surrogate's Court Act.

The first ground is that there is another action pending in the City Court (Kings County), between the same parties for the same cause and for that reason petitioner should be relegated to the city court. The action referred...

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