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SHEPPARD v. COOPERS' INC.

14 Misc.2d 211 (1958)

Robert F. Sheppard, Plaintiff, v. Coopers' Incorporated, Defendant.

Supreme Court, Special Term, New York County.

September 5, 1958.

Attorney(s) appearing for the Case

Albert D. Jordan and Joel Field for defendant.

Martin Blau for plaintiff.

FREDERICK BACKER, J.

Defendant moves for dismissal of the second amended complaint, pursuant to subdivision 5 of rule 107 or pursuant to subdivision 4 of rule 106 of the Rules of Civil Practice or upon the ground that it fails to comply with the provisions and conditions contained in prior orders.

This action was commenced on April 5, 1956. In the original complaint the plaintiff stated three causes: in conspiracy, prima facie tort and gross negligence...

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