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ROSENZWEIG v. N. Y. S. SURROGATE'S CT.

44 Misc.2d 1013 (1965)

Mae Rosenzweig, Plaintiff, v. New York State Surrogate's Court et al., Defendants.

Supreme Court, Special Term, Kings County.

January 8, 1965

Attorney(s) appearing for the Case

Louis H. Samuels for plaintiff. Abrashkin & Krieger for Philip Rosenzweig and another, defendants. Louis J. Lefkowitz, Attorney-General, for Surrogate's Court and others, defendants.

WALTER R. HART, J.

In this declaratory judgment action which has, according to the affirmation submitted by plaintiff's counsel, been discontinued as against all defendants except the two defendant executors, the said remaining defendants have moved to dismiss the complaint (1) for insufficiency (CPLR 3211, subd. [a], par. 7) and (2) in the exercise of the court's discretion pursuant to CPLR 3001.

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