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EQUITABLE BAG CO. v. CON. EDISON CO.

18 Misc.2d 118 (1958)

Equitable Paper Bag Co., Inc., et al., Plaintiffs, v. Consolidated Edison Company of New York, Inc., Defendant.

Supreme Court, Special Term, Queens County.

December 19, 1958.

Attorney(s) appearing for the Case

Whitman, Ransom & Coulson (Arthur L. Webber and Dugald C. Brown of counsel), for defendant.

Krisel, Lessall & Dowling (Charles Lawrence Kramer and Theodore Drew of counsel), for plaintiffs.

JOHN F. SCILEPPI, J.

Defendant moves (1) under subdivision 1 of rule 107 of the Rules of Civil Practice to dismiss the complaint on the ground that the court does not have jurisdiction of the subject of the action and that it should decline such jurisdiction, (2) under subdivision 4 of rule 106 to dismiss the complaint on the ground that it fails to state facts sufficient to constitute a cause of action, (3...

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