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MATTER OF KELLER

168 A.D.2d 449 (1990)

In the Matter of Phyllis P. Keller, Deceased. Muriel Parks, as Administratrix of The Estate of Phyllis P. Keller, Deceased, Respondent; John P. Keller, as Executor of William J. Keller, Deceased, Appellant, et al., Respondent

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

December 3, 1990

Ordered that the order is reversed, on the law, without costs or disbursements, the motion is granted, and the proceeding is dismissed.

We agree with the appellant's contention that the proceeding must be dismissed on the ground that there is a prior action pending for the same relief.

In this proceeding, the petitioner, as administratrix of the estate of Phyllis Keller, sought the discovery, inter alia, of...

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