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AZARIAN v. ETTINGER

87 A.D.2d 980 (1982)

Madeline C. Azarian, Individually and as Guardian of Elizabeth A. Azarian, an Infant, et al., Respondents, v. Alice W. Ettinger et al., Appellants. (Appeal No. 1.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 2, 1982

Order unanimously modified and, as modified, affirmed, without costs.

Memorandum:

Defendants have moved to dismiss plaintiffs' complaint pursuant to CPLR 3211 (subd [a], par 4) alleging that there are two other actions pending between the parties in Massachusetts seeking the same or similar relief and that New York is an inconvenient forum for trial of the issues. Special Term denied the motion finding the Massachusetts actions dissimilar. It did not rule...

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