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M & E LUNCHEONETTE v. FREILICH

30 Misc.2d 637 (1961)

M & E Luncheonette, Inc., Plaintiff, v. Edward Freilich et al., Defendants.

Supreme Court, Special Term, Queens County.

June 5, 1961

Attorney(s) appearing for the Case

Neil Huttner for defendants. Spenser Steele for plaintiff.

HAROLD J. CRAWFORD, J.

Defendants move (1) to dismiss the complaint under rule 106 of the Rules of Civil Practice on the grounds (a) that plaintiff does not have capacity to sue and (b) that each of the causes of action is legally insufficient; (2) to dismiss the complaint under rule 107 on the ground that plaintiff does not have capacity to sue; and (3) to vacate service of the summons and complaint on the...

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