GREGORY v. WILKES


26 Misc.2d 641 (1960)

Lewis E. Gregory et al., Plaintiffs, v. Clarence B. Wilkes et al., Defendants.

Supreme Court, Special Term, New York County.

May 31, 1960


Attorney(s) appearing for the Case

De Forest, Elder & Mulreany (Matthew J. Shevlin, Duncan Elder and Robert M. Dobbins of counsel), for plaintiffs. Turk, Marsh, Ouchterloney & Kelly (Eben E. Rand of counsel), for defendants.


HENRY CLAY GREENBERG, J.

This is a motion to dismiss on the ground that there is another action pending between the same parties for the same cause. The other "action" in this case is a proceeding pursuant to article 79 of the Civil Practice Act, for the judicial settlement of the account of trustees of an express trust; but, if the conditions of the rule are met, the fact that the other litigation is a special proceeding rather than action is immaterial...

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