MATTHEWS v. SCHUSHEIM


26 Misc.2d 864 (1960)

Dorothea K. Matthews, Plaintiff, v. Joseph Schusheim et al., Defendants.

Supreme Court, Special Term, Nassau County.

December 1, 1960


Attorney(s) appearing for the Case

Day, Epworth, Plaskow & Lawrence (Sherman S. Lawrence of counsel), for Paul Wayne and others, defendants. Solomon H. Kaplan for plaintiff.


MARIO PITTONI, J.

This is a motion by defendants Paul Wayne, Philip Hauben and Evelyn Hauben, to dismiss the complaint herein for insufficiency under rule 106 of the Rules of Civil Practice.

The complaint pleads three causes of action. The first is not against these defendants; but all the allegations constituting that cause of action are repeated in the second, which in substance seeks to recover from...

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