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CARROLL v. DOOLITTLE

21 Misc.2d 203 (1959)

Lona B. Carroll, as Administratrix of The Estate of Clara V. C. Balliett, Deceased, Plaintiff, v. Roy W. Doolittle et al., Doing Business as Doolittle & Company, Defendants.

Supreme Court, Niagara County.

October 13, 1959.

Attorney(s) appearing for the Case

Finck & Huber (John R. Weaver and John B. Finck of counsel), for defendants.

Gold, Speranza & Hughes (Joseph Speranza and James A. Hughes of counsel), for plaintiff.

REID S. MOULE, J.

This is a motion by defendants pursuant to rule 106 of the Rules of Civil Practice to dismiss the second cause of action of plaintiff's complaint.

Plaintiff's second cause of action alleges that the plaintiff is the administratrix with will annexed of the estate of Clara V. C. Balliett. It states that on September 8, 1940, Clara V. C. Balliett died and that her husband F. Howard Balliett...

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