ALPERT v. HEIN


16 Misc.2d 862 (1958)

William I. Alpert, Copartners Doing Business under the Name of Alpert Bros., Plaintiffs, v. Sidney S. Hein et al., Defendants.

Supreme Court, Special Term, Kings County.

March 26, 1958.


Attorney(s) appearing for the Case

Milton Pinkus for Murray Rosen and another, defendants.

Hein, Bradie & Waters for Sidney S. Hein and another, defendants.

Greenman, Shea & Zimet for plaintiffs.


A. DAVID BENJAMIN, J.

Defendants move pursuant to subdivision 4 of rule 106 of the Rules of Civil Practice to dismiss the second and fourth causes of action on the ground that insufficient facts are pleaded and to strike pursuant to rule 103 of the Rules of Civil Practice, certain paragraphs as frivolous, irrelevant, unnecessary and tending to prejudice, embarrass or delay a fair trial of the action.

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