TALBERT v. TALBERT


22 Misc.2d 782 (1960)

Walter Talbert, Jr., Plaintiff, v. Walter Talbert, Sr., Defendant.

Supreme Court, Special Term, Schenectady County.

April 12, 1960.


Attorney(s) appearing for the Case

Maynard, O'Connor & Smith for defendant.

Silverman & Silverman for plaintiff.


MICHAEL E. SWEENEY, J.

This is a motion to dismiss the complaint pursuant to rule 106 of the Rules of Civil Practice. It is the contention of the defendant that the complaint does not state facts sufficient to constitute a cause of action.

I am limited here to considering only the allegations of the complaint. The plaintiff is entitled to the benefit of every favorable inference one may draw. It must...

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