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LESTER v. ENNIS

25 Misc.2d 334 (1960)

Emanuel Lester, as Assignee, Plaintiff, v. Edward J. Ennis, as Surviving Executor of Serge Rubinstein, Deceased, Defendant.

Supreme Court, Special Term, New York County.

May 18, 1960.

Attorney(s) appearing for the Case

Stanley N. Zwaik for defendant. Collins & Gordon for plaintiff.

CHARLES A. LORETO, J.

Defendant moves for dismissal of the fourth amended complaint pursuant to subdivision 4 of rule 106 of the Rules of Civil Practice or for the elimination of 19 of the paragraphs, pursuant to rule 103, or for dismissal of the complaint pursuant to subdivision 5 of rule 107.

This is plaintiff's fourth amended complaint, the first three pleaded complaints having been dismissed by the...

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