DICKSTEIN v. OPTICAL SERV.


19 Misc.2d 495 (1959)

Carol Dickstein et al., on Behalf of Themselves and Others Similarly Situated, et al., Plaintiffs, v. Optical Service, Inc., Defendant.

Supreme Court, Special Term, New York County.

September 3, 1959.


Attorney(s) appearing for the Case

Joel J. Weiner for defendant.

Sidney H. Asch for plaintiffs.


SIDNEY A. FINE, J.

Motion to dismiss the complaint pursuant to rule 106 of the Rules of Civil Practice on the ground that the complaint does not state a cause of action is denied. The complaint states a valid cause of action for declaratory judgment and relief incidental thereto.

The factual allegations of the complaint are in substance that the defendant engages in the corporate practice of optometry, by holding itself out as qualified to render...

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