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TAYLOR v. MUSS

13 A.D.2d 245 (1961)

Anne Taylor, Also Known as Anne Buckingham, Individually and as Guardian ad Litem of Jolie A. N. Muss, an Infant, Respondent, v. David Muss, Appellant, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

June 6, 1961.

Attorney(s) appearing for the Case

Martin Garbus of counsel (H. John Gluskin with him on the brief; Emile Z. Berman and A. Harold Frost, attorneys), for appellant.

Sol Pottish of counsel (Robert W. Seavey with him on the brief), for respondent.

BREITEL, VALENTE and STEVENS, JJ., concur with McNALLY, J.; BOTEIN, P. J., concurs in result in opinion.

McNALLY, J.

Defendant-appellant prior to answer seeks the dismissal of the amended complaint for insufficiency, lack of jurisdiction of the subject matter and the pendency of a prior action for the same cause. We conclude the amended complaint is insufficient.

On February 23, 1956, in the City and County of New York, plaintiff-respondent Anne Taylor, the mother, and defendant-appellant, the putative father...

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