Jones v. Wood

Appellate Division of the Supreme Court of New York

Jones v. Wood

5 A.D.2d 700, 169 N.Y.S.2d 756, 1957 N.Y. App. Div. LEXIS 3424

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 30, 1957

StatusPublished

This text of 5 A.D.2d 700 (Jones v. Wood) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jones v. Wood, 5 A.D.2d 700, 169 N.Y.S.2d 756, 1957 N.Y. App. Div. LEXIS 3424 (N.Y. Ct. App. 1957).

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Opinion

In an action in the Supreme Court, Kings County, to construe a will, the appeal is from an order granting a motion to dismiss the complaint, and from the judgment entered thereon. The motion was made on the ground that in its discretion the Supreme Court should decline to accept jurisdiction of the action. Order and judgment unanimously affirmed, with $10 costs [701]*701and disbursements. The subject matter of the action is within the jurisdiction of the Surrogate’s Court, Nassau County, and is in fact a phase of a proceeding long pending in that court. No special facts have been shown to warrant the retention of jurisdiction in the Supreme Court. (Noll v. Ruprecht, 256 App. Div. 926, affd. 282 N. Y. 598; Evans v. Appell, 211 App. Div. 105; Lawrence v. Littlefield, 215 N. Y. 561.)

Present — Nolan, P. J., Wenzel, Murphy, Ughetta and Hallinan, JJ.

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In an action in the Supreme Court, Kings County, to construe a will, the appeal is from an order granting a motion to dismiss the complaint, and from the judgment entered thereon. The motion was made on the ground that in its discretion the Supreme Court should decline to accept jurisdiction of the action. Order and judgment unanimously affirmed, with $10 costs [701]*701and disbursements. The subject matter of the action is within the jurisdiction of the Surrogate’s Court, Nassau County, and is in fact a phase of a proceeding long pending in that court. No special facts have been shown to warrant the retention of jurisdiction in the Supreme Court. (Noll v. Ruprecht, 256 App. Div. 926, affd. 282 N. Y. 598; Evans v. Appell, 211 App. Div. 105; Lawrence v. Littlefield, 215 N. Y. 561.)

Present — Nolan, P. J., Wenzel, Murphy, Ughetta and Hallinan, JJ.

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Bluebook (online)

5 A.D.2d 700, 169 N.Y.S.2d 756, 1957 N.Y. App. Div. LEXIS 3424, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-wood-nyappdiv-1957.

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