Schley v. Donlin

Plaintiff moves for judgment on the pleadings under section 476 of the Civil Practice Act and rule 112 of the Rules of Civil Practice. At the outset the answering defendants urge that this court should decline jurisdiction of this suit and relegate the parties to the Surrogate’s Court of the county of New York, where full and adequate relief can be had and obtained. Such defendants further urge that, should this court retain jurisdiction, the answers as served raise issues which should be determined only after trial. The jurisdictional question will be first considered.

The facts disclosed by…