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MANNING v. THORNE

2009-05745.

73 A.D.3d 1136 (2010)

900 N.Y.S.2d 900

JOAN THORNE MANNING, Respondent, v. PAMELA THORNE et al., Defendants, and ISA MUHAMMAD, Appellant.

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

Decided May 25, 2010.

Ordered that the order is affirmed, with costs.

"[T]he Supreme Court and the Surrogate's Court have concurrent jurisdiction over the administration of a decedent's estate" (Gaentner v Benkovich, 18 A.D.3d 424, 427 [2005]). "[A]s a general rule, `in courts of concurrent jurisdiction of a particular subject matter the court first assuming jurisdiction should retain the action'" (id., at 428, quoting Zeglen v...

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