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SHAW v. KASTNER

151 Misc.2d 654 (1991)

Marian Shaw, as Trustee under a Trust Created by and between Irwin Shaw, as Settlor, and Irwin Shaw and Ellen S. Agress, as Trustees, Plaintiff, v. Elliott Kastner et al., Defendants.

Supreme Court, New York County.

July 24, 1991

Attorney(s) appearing for the Case

Blum Gerson & Stream for defendants. Jay D. Kramer for plaintiff.

SHIRLEY FINGERHOOD, J.

By moving to dismiss a prior Federal action for lack of Federal subject matter jurisdiction, defendant convinced plaintiff to withdraw that action and to commence a State action for similar relief. Now defendant1 moves to dismiss the State court action arguing that the Federal courts have exclusive jurisdiction pursuant to 28 USC § 1338 because the claim...

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