Landgrebe v. Landgrebe

This is a motion for the dismissal of the complaint upon the ground that the court has no jurisdiction of the subject of the action, for the reason that the Surrogate’s Court of Westchester county has heretofore exercised and is still exercising jurisdiction over the sale and disposition of the real property in suit and distribution of the proceeds thereof, which proceeding in the Surrogate’s Court is for the same relief sought in this action, to wit, the sale and distribution of the proceeds of sale. This action is brought by the plaintiff, a son and heir of the deceased, to partition all of…