42ND ST. FOTOSHOP v. WEIMET FILM CO.


206 Misc. 977 (1954)

42nd Street Fotoshop, Inc., et al., Plaintiffs, v. Weimet Film Co., Incorporated, et al., Defendants.

Supreme Court, Special Term, New York County.

December 1, 1954.


Attorney(s) appearing for the Case

Sol A. Herzog, Archer Scherl and Samuel L. Brennglass for defendants.

Lazarus Joseph, Eugene J. Morris and Fritz W. Alexander, II, for plaintiffs.


MATTHEW M. LEVY, J.

This motion (pursuant to rule 106 of the Rules of Civil Practice) is made by all of the defendants to dismiss for insufficiency on its face the first cause of action pleaded in the supplemental complaint. The corporate defendants additionally move (in pursuance of the same rule) to dismiss the cause of action on the ground that in any event it fails to set forth facts sufficient to state a...

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