Motion to dismiss the complaint pursuant to subdivision 4 of rule 107 of the Rules of Civil Practice, on the ground "that there is an existing decree of a court of competent jurisdiction, rendered on the merits, namely, a decree of the Surrogate of Nassau County, dated February 18, 1957, determining adversely to the plaintiff the same cause of action asserted in the complaint."
The action is one to impress a trust on assets...
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