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BEHN v. LINCOLN NAT. BANK & TRUST CO. OF CENT. NEW YORK

27 Misc.2d 344 (1960)

Sol Behn, Plaintiff, v. Lincoln National Bank and Trust Company of Central New York, Defendant.

Supreme Court, Onondaga County.

June 1, 1960

Attorney(s) appearing for the Case

Bond, Schoeneck & King for defendant. John J. Mahon for plaintiff.

JOHN H. FARNHAM, J.

This is a motion to dismiss the complaint in an action to recover damages for breach of contract.

Defendant's motion is made under rule 106 of the Rules of Civil Practice and is directed to the claim that the complaint fails to allege facts sufficient to constitute a cause of action.

Upon motion to dismiss a complaint upon the ground that it does not state facts sufficient...

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