In re the Estate of Tesser

Maximilian Moss, S.

The respondents move on three grounds for an order dismissing the petition and vacating the order to show cause granted thereon in a proceeding instituted pursuant to section 205 of the Surrogate’s Court Act.

The first ground is that there is another action pending in the City Court (Kings County), between the same parties for the same cause and for that reason petitioner should be relegated to the city court. The action referred to was commenced subsequent to this discovery proceeding. The respondent, Abraham Tesser, is the sole defendant therein. The complaint alleges the…