FUNARO v. HOUSTON


19 Misc.2d 1078 (1959)

Ralph Funaro, an Infant, by His Guardian ad Litem, Julio Funaro, et al., Plaintiffs, v. Edward Houston, Doing Business as Ridgewood Auto Laundry, Defendant.

Supreme Court, Special Term, Kings County.

October 15, 1959.


Attorney(s) appearing for the Case

Martin A. Crean for defendant.

Benjamin Harmatz for plaintiffs.


BENJAMIN BRENNER, J.

Defendant moves to dismiss the complaint pursuant to subdivision 3 of rule 107 of the Rules of Civil Practice, contending that there is presently pending in the Municipal Court another action between the same parties for the same cause.

Plaintiffs concede that the causes are the same but they argue that the parties are different. They began an action against two persons, other than Houston, doing business as Ridgewood Auto...

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