A. B. MAGONIGLE TRUCKING CO., INC. v. TAMBINI


277 A.D. 931 (1950)

A. B. Magonigle Trucking Co., Inc., Appellant, v. Jennie Tambini et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 7, 1950.


Plaintiff also alleges fraud and a conspiracy to remove it. Two defendants moved for dismissal of the first cause of action. All defendants moved for the dismissal of the second cause which alleged the fraud and conspiracy. The motion challenged the sufficiency of the causes of action under subdivision 5 of rule 106 of the Rules of Civil Practice. From the order which granted the motion, plaintiff appeals. Order affirmed, with $10 costs and disbursements. The time of plaintiff...

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