JOS. H. CARTER, INC., v. CARTER


205 Misc. 192 (1953)

Jos. H. Carter, Inc., et al., Plaintiffs, v. Joseph H. Carter, Defendant.

Supreme Court, Special Term, New York County.

November 23, 1953.


Attorney(s) appearing for the Case

Healy & Fusfeld for defendant.

Samuel Mann for plaintiffs.


EDER, J.

Motion to dismiss the amended complaint for legal insufficiency is granted. The action is for a declaratory judgment with respect to a written agreement entered into between the planitiffs and defendant, dated December 13, 1949, a copy of which is annexed to the complaint as Exhibit 1, and is referred to as the principal agreement.

The following, in substance, is what the amended complaint sets...

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