LEVEILLE v. KAHN


30 Misc.2d 970 (1961)

Ida Leveille, as Administratrix of The Estate of George Leveille, Sr., Deceased, Plaintiff, v. Samuel Kahn et al., Individually and as Copartners Doing Business as Vibration Eliminator Co., Defendants.

Supreme Court, Special Term, Queens County.

June 1, 1961


Attorney(s) appearing for the Case

Samuel G. Rabinor for defendants. Shure & Bruder (Henry A. Bruder and Ira S. Rosenberg of counsel), for plaintiff.


HAROLD TESSLER, J.

Motion by defendants under rule 107 of the Rules of Civil Practice to dismiss the amended complaint upon the following grounds: (1) that plaintiff is not the correct party plaintiff and hence does not have legal capacity to sue; (2) that there is another action pending between the same parties for the same relief; (3) that the action was prematurely commenced; (4) that plaintiff's appointment...

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