In re Application of Gruber

HON. ANTHONY R. MOLÉ, SURROGATE

Unpublished Opinion

Warren Wynshaw, P.C.

Attn: Warren Wynshaw, Esq.

Attorneys for Petitioner

Farrell Fritz, P.C.

Attn: Robert M. Harper, Esq.

Counsel for Respondents Eric Gruber and 1870 Narragansett, LLC

HON. ANTHONY R. MOLÉ, SURROGATE

The following papers were read on the motion of respondent ERIC GRUBER (Mot. Seq. 2), made pursuant to CPLR 3211 (a) (4) and (8) for an order dismissing this proceeding and the underlying petition of JANICE GRUBER, as Administrator of the Estate of BENJAMIN DAVID GRUBER a/k/a BEN GRUBER, Deceased, based on two prior actions pending in Supreme Court, Bronx County and for lack of personal jurisdiction; or alternatively, for an order staying this proceeding pursuant to CPLR 2201:

Papers

Notice of Motion, Affirmation in Support, Exhibits 1-9

Affirmation in Opposition, Exhibits A-D

Affirmation in Reply, Exhibits 10-17

Upon review of the foregoing papers, the Court determines as follows:

Facts