WATERS v. SPALT


22 Misc.2d 937 (1948)

Lewis D. Waters, Plaintiff, v. Charles F. Spalt et al., Defendants.

Supreme Court, Special Term, New York County.

March 23, 1948.


Attorney(s) appearing for the Case

Breed, Abbott & Morgan (John R. Brook of counsel), for plaintiff.

Sherman S. Lawrence for defendants.


SAMUEL NULL, J.

This is a motion to dismiss the complaint in an action brought by a judgment creditor of a corporation against the defendants, its directors and officers. Although the defendants Epworth and Epworth have in their notice of motion specified numerous grounds for the dismissal of the complaint, they have limited themselves in their brief to two specifications, viz.: that the complaint does not state facts sufficient to state a

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