Rosenzweig v. New York State Surrogate's Court

In this declaratory judgment action which has, according to the affirmation submitted by plaintiff’s counsel, been discontinued as against all defendants except the two defendant executors, the said remaining defendants have *1014moved to dismiss the complaint (1) for insufficiency (CPLB 3211, suibd. [a], par. 7) and (2) in the exercise of the court’s discretion pursuant to CPLB 3001.

Beference will he made to pertinent allegations of the complaint. In conclusory form a controversy is alleged to exist between the plaintiff and the moving defendants with respect to an estate accounting heretofore…