J. D. & H. ENTERS. CORP. v. BYRNE


12 Misc.2d 1066 (1958)

J. D. & H. Enterprises Corp., Plaintiff, v. Kathleen P. Byrne, Doing Business as Dalton & Byrne's, et al., Defendants.

Supreme Court, Special Term, Kings County.

May 12, 1958.


Attorney(s) appearing for the Case

Blaney & Holahan for Kathleen P. Byrne, defendant.

Walter J. Neylon for Daniel Donovan and another, defendants.

Leon Friedman for plaintiff.


MILES F. McDONALD, J.

The defendant Byrne and the defendants Donovan and Thomas each move this court for an order pursuant to rule 106 of the Rules of Civil Practice dismissing the first, second and third causes of action set forth in the amended complaint on the ground that each of them fails to state a cause of action against the said defendants. Plaintiff seeks to recover judgment against the three defendants for an alleged breach of contract.

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