LEVY v. GERSTEN


196 Misc. 255 (1949)

Charles A. Levy et al., Plaintiffs, v. Helen Gersten et al., Defendants.

City Court of the City of New York, Special Term, Bronx County.

June 17, 1949.


Attorney(s) appearing for the Case

Harold Pomerantz and Seymour Wilner for defendants.

Israel Godiner for plaintiffs.


BONEPARTH, J.

This is a motion by the defendants "for an order dismissing the complaint under Rule 106 of the Rules of Civil Practice, on the ground that it appears on the face of said complaint that both of said causes of action * * * fail to state facts sufficient to constitute a cause of action. * * *"

The complaint herein contains two causes of action.

The first cause of action alleges, that...

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