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CAMPBELL v. HUDSON & MANHATTAN R. R. CO.

277 A.D. 731 (1951)

William A. Campbell et al., Constituting The Bondholders' Protective Committee for the Holders of First Lien and Refunding Mortgage 5% Bonds, Issued by Hudson & Manhattan Railroad Company, et al., on Their Own Behalf and on Behalf of All Other Holders of Said Bonds, Respondents, v. Hudson & Manhattan Railroad Company, Appellant, et al., Defendants

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

February 27, 1951.

Attorney(s) appearing for the Case

James J. Crisona of counsel (Philip Kazon and Earl J. Wofsey with him on the brief; Crisona Brothers, attorneys), for appellant.

Edward Ross Aranow of counsel (Herbert J. Brown with him on the brief; Aranow, Brodsky, Einhorn & Dann, attorneys), for respondents.

Frank H. Heiss for Central Hanover Bank & Trust Co., trustee, defendant.

CALLAHAN and SHIENTAG, JJ., concur; PECK, P. J., and GLENNON, J., dissent in part and vote to reverse and grant defendant-appellant's motions to dismiss the complaint under rules 106 and 107 of the Rules of Civil Practice.

VAN VOORHIS, J.

Defendant Hudson & Manhattan Railroad Company (hereafter referred to as the Railroad Company) appeals from three orders, one of which denies its motion to dismiss the amended and supplemental complaint under rule 106 of the Rules of Civil Practice on the ground that it fails to contain facts sufficient to constitute a cause of action. There is no occasion to discuss the other two orders, of...

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