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PARKER v. AMERICAN ASSN. OF UNIV. WOMEN

654069/18-418. 654490/18. 11813N.

185 A.D.3d 471 (2020)

125 N.Y.S.3d 275

2020 NY Slip Op 03879

Diana Parker, as Trustee of the Henry Rothschild Irrevocable Trust, Appellant, v. The American Association of University Women, Respondent. Diana Parker, as Executor under the Last Will and Testament of Gertrude F. Rothschild and Trustee under the Gertrude F. Rothschild Irrevocable Trust, Plaintiff, v. The American Association of University Women, Respondent.

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

Decided July 9, 2020.

It was not an improvident exercise of the court's discretion (see Benjamin v Morgan Guar. Trust Co. of N.Y., 173 A.D.2d 373, 375 [1st Dept 1991]) to grant defendant's motions. To be sure, CPLR 325(e) says, "Where an action pending in the supreme court affects the administration of a decedent's estate which is within the jurisdiction of the surrogate's court, the supreme court ... may remove the action to such surrogate's court."...

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