Rubin v. Irving Trust Co.

Motion by defendant, Irving Trust Company, for judgment dismissing complaint on the ground that there is another action pending between the same parties for the same cause (Rules Civ. Prac., rule 107); i.e., a proceeding in the Surrogate’s Court between the same parties concerning the same subject matter. The question presented involves the construction and effect of section 211 of the Surrogate’s Court Act.

*251On November 2, 1950, the executor herein served a notice in writing upon the plaintiff Rubin rejecting a claim made by him against the estate of Harold Rubin, deceased. The notice was duly…