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CALIFORNIA AIRPARTS CORP. v. RUBINO

21 Misc.2d 490 (1959)

California Airparts Corp., Suing on Behalf of Itself and All Other Creditors Similarly Situated, Plaintiff, v. Carl Rubino et al., Individually and as Executors of Harvey H. Dwight, Deceased, and Doing Business under the Name of Aircraft Engine & Parts Company, Defendants, and Aircraft Engine and Parts Corporation, Third-Party Defendant.

Supreme Court, Special Term, New York County.

September 11, 1959.

Attorney(s) appearing for the Case

Hecht, Hadfield, Farbach & McAlpin (John J. Green of counsel), for defendants.

Milton S. Zeiberg for plaintiff.

CHARLES A. LORETO, J.

Defendants, both as individuals and in their representative capacity as executors, move (1) for an order dismissing four causes of action in the second amended complaint for legal insufficiency; (2) directing clarification of the amended complaint so as to indicate whether the causes and the allegations thereof are directed to any defendant individually or as executor; (3) to separately...

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