GIBB v. CHISHOLM


204 Misc. 892 (1953)

James Gibb, as Executor of Julia R. Small, Deceased, Plaintiff, v. Donald M. Chisholm et al., Defendants.

Supreme Court, Special Term, New York County.

November 17, 1953.


Attorney(s) appearing for the Case

Edwin B. Roberts for Winifred C. Browne, defendant.

Barnett Hollander and Sydney J. Schwartz for plaintiff.


EDER, J.

Motion of defendant Winifred Chisholm Browne to dismiss the complaint on the ground that plaintiff is without legal capacity to sue is granted. As to the second ground of the motion to dismiss, viz., that the complaint is legally insufficient in that it does not state facts sufficient to constitute a cause of action, determination thereof is deemed unnecessary in view of the dismissal on the first motion...

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