Pettit v. Willett

The defendants move under subdivision 3 of rule 107 and rule 212 of the Rules of Civil Practice to dismiss this action on the grounds (a) that there is another action pending with the same parties and same issues involved, and (b) that this court should decline jurisdiction.

The defendants contend that the matters involved in this action are already the subject of proceedings in the Surrogate’s Court of Nassau County where all such matters can be fully resolved. The gravamen of the complaint in this action is that George E. Pettit did not owe the William S. Pettit estate any moneys when he…