CALVADA, INC. v. FID. & DEPOSIT CO.


28 Misc.2d 144 (1955)

Calvada, Inc., Plaintiff, v. Fidelity & Deposit Co. of Maryland et al., Defendants.

Supreme Court, Special Term, Kings County.

February 8, 1955


Attorney(s) appearing for the Case

Maurice & McNamee for Fidelity & Deposit Co. of Maryland and others, defendants. Dunk, Conboy, McKay & Bachman for Ryan Plumbing & Heating Co., Inc., and another, defendants. Calkins & Brett for Brett-Cartin, Inc., and another, defendants. Theodore W. Charlebois for Friederich & Sons, Inc., and another, defendants. Giles, Fuller & Goodwin for Soper, defendant. George Knopp for plaintiff.


M. HENRY MARTUSCELLO, J.

This is a motion, pursuant to subdivision 4 of rule 106 of the Rules of Civil Practice to dismiss each of the three causes of action in the third amended complaint on the ground that said causes of action are insufficient in law, or in the alternative, to strike out certain matter from each pursuant to rule 103, on the ground that such matter is sham, frivolous, etc., and with respect...

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