Schnarch v. Shapiro

Defendant Helen Fischer moves to dismiss the complaint pursuant to rule 106 of the Rules of Civil Practice. The complaint alleges that by the duly probated will of Samuel L. Shapiro, a portion of the residue of the estate was left to defendant Saul R. Shapiro; that an action was commenced by the plaintiff Schnarch against defendant Saul R. Shapiro to recover for rent due, and a warrant of attachment against the property of said defendant was served on March 3, 1941, by the plaintiff Berger *411as city marshal upon one of the executors of the estate of Samuel L. Shapiro; that two days prior…