BOUDREAU v. ALBANESE


36 Misc.2d 1051 (1951)

Eugene Boudreau, Plaintiff, v. Joseph Albanese, Defendant.

Supreme Court, Onondaga County.

September 12, 1951


Attorney(s) appearing for the Case

Keene, Vinette & De More for defendant. Hancock, Dorr, Ryan & Shove for Eugene Boudreau and another, plaintiffs. Bond, Schoeneck & King for Martha A. Gray and another. A. S. & S. S. Cohen for Reuben Lavine and another. Estabrook, Estabrook, Burns & Hancock for Anna S. Burns and others. Lawson Barnes for Georgianna B. Legg.


WILLIAM E. McCLUSKY, J.

This is a motion to dismiss the complaint herein pursuant to rule 106 of the Rules of Civil Practice upon the ground that it does not state facts sufficient to constitute a cause of action. Upon the argument it was stipulated that no question was raised as to the rights of the plaintiffs to bring this action. Furthermore, it was stipulated that the complaint might be deemed to be amended...

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