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FAIRBANKS WHITNEY CORP. v. SARLIE

31 Misc.2d 892 (1961)

Fairbanks Whitney Corporation, Plaintiff, v. Jacques Sarlie et al., Defendants.

Supreme Court, Special Term, New York County.

November 8, 1961

Attorney(s) appearing for the Case

Corcoran, Kostelanetz, Gladstone & Lowell (Thomas F. Ryan and Boris Kostelanetz of counsel), for Jacques Sarlie, defendant.

Paul, Weiss, Rifkind, Wharton & Garrison (Samuel J. Silverman and Gerald D. Stern of counsel), for plaintiff.

OWEN McGIVERN, J.

Defendant Sarlie moves for dismissal of the first and second causes of action for insufficiency and, pursuant to subdivision 3 of rule 107 of the Rules of Civil Practice for dismissal of causes second through six upon the ground that the same causes appear in the earlier and pending action brought by this plaintiff's predecessor, Penn-Texas Corporation. By separate motion in the Penn-Texas...

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