KALL & KALL v. NUSSBAUM


26 Misc.2d 822 (1960)

Kall & Kall, Inc., Plaintiff, v. Harry Nussbaum et al., Defendants.

Supreme Court, Special Term, Queens County.

October 21, 1960


Attorney(s) appearing for the Case

Zimmerman & Propper for Wolff Weinreb and another, defendants. Julius B. St. Germaine for plaintiff.


SAMUEL RABIN, J.

Motion by the defendants Weinreb to dismiss the complaint as to them, pursuant to subdivision 3 of rule 107 of the Rules of Civil Practice on the ground that there is another action pending between the same parties for the same cause.

An action was commenced against the moving defendants herein by the plaintiff by the service of a summons on June 25, 1955. This summons named persons as defendants not named in the instant action...

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