CRETELLA v. CITY OF NEW YORK


14 Misc.2d 272 (1956)

Theresa Cretella et al., Plaintiffs, v. City of New York et al., Defendants.

Supreme Court, Special Term, New York County.

June 8, 1956.


Attorney(s) appearing for the Case

Caverly, Dimond, Dwyer & Lawler (Abraham H. Jackness of counsel), for Chin D. Ling and another, doing business as Happiness Tea Garden, defendants.

Louis I. Kravitz for plaintiff.

Emanuel Morgenbesser and James Rosthal for Malester Operating Corp., defendant.


SAUL S. STREIT, J.

Defendants Ling and Fung move to dismiss the cross complaint of the defendant Malester Operating Corp. for insufficiency and upon the ground it is not interposable under section 264 of the Civil Practice Act.

The complaint contains six causes of action. The principal plaintiff alleges a cause separately against each of the three defendants and the coplaintiff alleges a derivative cause...

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