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In the Matter of the Estate of Parisi

Surrogates Court Dismisses Partition Action for Lack of Subject Matter Jurisdiction

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*1  The Respondent MJD Holdings, LLC moves for an order dismissing the petition pursuant to CPLR §3211[a][2] and [4] for lack of subject matter jurisdiction and on the basis there is a prior action pending for the same relief in another court. In the alternative, the movant seeks the court to transfer this matter to New York State Supreme Court, Queens County. Although the within proceeding was entertained by this court on June 1, 2017, the origin of this family’s contentious litigations extend back nearly 40 years beginning with the estate of the Decedent’s paternal grandmother, Carmela Parisi. The litigation in that estate was not finally settled until 2017. Since Carmela’s death in 1979, her two children, Marie Durante nee Parisi and Joseph S. Parisi, have died. The estate of Joseph’s wife, also named Marie, has generated substantial litigation of its own. When Marie died in 1998, she was survived by her husband, Joseph S. Parisi, as well as her children Camille Parisi, Michael A. Parisi, and Joseph M. Parisi. Joseph S. Parisi and Michael A. Parisi died during the litigation of Marie’s estate.

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