In re the Estate of Matz

Joseph A. Cox, S.

The court will consent to receive for trial in this court the action now pending in the Supreme Court, New York County. Various grounds have been urged as justification for denial of the application for consent. None of them requires any comment here except the argument that this court would lack jurisdiction over some of the parties to the action and is unable to grant the relief prayed for in the complaint.

Authority to transfer actions from the Supreme Court to the Surrogate’s Court is expressly granted by section 190-a of the Civil Practice Act, and subdivision 9 of…