MEYER v. RITTERBUSH


196 Misc. 551 (1949)

William O. Meyer, as Administrator of The Estate of Douglas H. Meyer, Deceased, Plaintiff, v. Henry L. Ritterbush, Jr., as Executor of Mildred Meyer, Deceased, et al., Defendants.

Supreme Court, Special Term, Nassau County.

September 27, 1949.


Attorney(s) appearing for the Case

Paul J. Leach for defendants.

Austin & DuPont for plaintiff.


HOOLEY, J.

This motion is brought pursuant to subdivision 5 of rule 106 of the Rules of Civil Practice, to dismiss the first and second causes of action contained in the complaint on the ground that they do not state facts sufficient to constitute a cause of action and that such defect appears upon the face thereof.

The plaintiff, William O. Meyer, is the administrator of the goods, chattels and credits...

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