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UHL v. SMITH

25 Misc.2d 75 (1960)

Walter Uhl, as Executor of Frances T. Uhl, Deceased, et al., Plaintiffs, v. Bernard Smith, Jr., Defendant.

Supreme Court, Special Term, Nassau County.

August 31, 1960.

Attorney(s) appearing for the Case

Jacob G. Zaks for defendant. Edwards, Froelich & McDonough for plaintiffs.

BERNARD S. MEYER, J.

This motion seeks dismissal of the complaint in a declaratory judgment action on the grounds that the complaint fails to state a cause of action and that the court does not have jurisdiction of the subject matter. The motion is denied.

Statements extrinsic to the complaint may not be considered on this motion. (St. Regis Tribe of Mohawk Indians v. State of New York, 5 N.Y.2d 24, 36...

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