McQUADE v. CARVEL STORES OF PENN.


8 Misc.2d 659 (1957)

James H. McQuade, et al., Plaintiffs, v. Carvel Stores of Pennsylvania, Inc., et al., Defendants.

Supreme Court, Special Term, Queens County.

October 15, 1957.


Attorney(s) appearing for the Case

Abraham Rudolph for John Desiderio and another, defendants.

Herman Wollitzer and Julius Gilman for plaintiffs.


NICHOLAS M. PETTE, J.

This is a motion by the defendants John and Grace Desiderio to dismiss for legal insufficiency the first cause of action — the only one of nine in which they are charged.

According to the complaint the movants leased to defendant Carvel Stores Realty Corporation a parcel which they owned on U. S. Route 15 in South Williamsport, Pennsylvania, for a term of 15 years and 4 months...

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