Moore v. Humbert

Order reversed on the law, with ten dollars costs and disbursements and matter remitted to the Special Term with directions to proceed in accordance with the memorandum. Memorandum: The motion to dismiss the complaint was granted on the ground that there is a proceeding pending in Surrogate’s Court between the same *814parties concerning the same subject matter. While the filing of the claim initiated the jurisdiction of the Surrogate’s Court, such jurisdiction is subject to the right of the claimant to sue in Supreme Court within the time limited in section 211 of the Surrogate’s Court Act. It…