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DOTT v. MYERS

26 Misc.2d 53 (1960)

Ralph Dott, Plaintiff, v. Duane Myers, Defendant.

Supreme Court, Special Term, Albany County.

August 30, 1960

Attorney(s) appearing for the Case

Schilling & Schilling for defendant. Sumberg, Leonard & Leone (F. Joseph Leone of counsel), for plaintiff.

HERBERT D. HAMM, J.

The defendant moves after answer for an order dismissing the complaint "on the ground that the plaintiff has an adequate remedy at law". In Terner v. Glickstein & Terner (283 N.Y. 299, 301) the rule is stated: "The motion to dismiss the complaint for failure to state facts sufficient to constitute a cause of action was made on the sole ground that, upon the face of the complaint...

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