PETTIT v. WILLETT


38 Misc.2d 656 (1963)

Florence S. Pettit et al., as Executors of George E. Pettit, Deceased, Plaintiffs, v. Eleanor R. Willett et al., Individually and as Executors and Trustees of The Estate of William S. Pettit, Deceased, et al., Defendants.

Supreme Court, Special Term, Nassau County.

February 13, 1963


Attorney(s) appearing for the Case

Simpson Thacher & Bartlett (Richard Hawkins and Rolon W. Reed of counsel), for defendants. Herbert W. Sugarman for plaintiffs.


MARIO PITTONI, J.

The defendants move under subdivision 3 of rule 107 and rule 212 of the Rules of Civil Practice to dismiss this action on the grounds (a) that there is another action pending with the same parties and same issues involved, and (b) that this court should decline jurisdiction.

The defendants contend that the matters involved in this action are already the subject of proceedings in the Surrogate's Court of Nassau County where all...

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