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MERRICK v. NEW YORK SUBWAYS ADV. CO.

14 Misc.2d 456 (1958)

David Merrick, as General Partner of Look Back Co., a Limited Partnership, David Merrick, as General Partner of Juliet Co., a Limited Partnership, David Merrick, as General Partner of Jamaica Co., a Limited Partnership, and David Merrick, Doing Business as David Merrick Productions, Plaintiffs, v. New York Subways Advertising Co., Inc., Defendant.

Supreme Court, Special Term, New York County.

September 2, 1958.

Attorney(s) appearing for the Case

Gallop, Climenko & Gould for defendant.

Fitelson & Mayers for David Merrick, plaintiff.

Harold J. Sherman and Howard Gotbetter for Cole Fischer & Rogow, Inc., and another.

FREDERICK BACKER, J.

Defendant moves to dismiss the complaint and the causes of action pursuant to section 241 of the Civil Practice Act and subdivision 4 of rule 106 of the Rules of Civil Practice. Alternative relief is also sought pursuant to rule 103 of the Rules of Civil Practice to strike from the complaint certain stated paragraphs or specified portions thereof.

At the outset and for the purpose...

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