RUIZ v. BERTOLOTTI


37 Misc.2d 1067 (1962)

Manuel Ruiz et al., Plaintiffs, v. Arthur Bertolotti, Defendant.

Supreme Court, Special Term, Nassau County.

December 28, 1962


Attorney(s) appearing for the Case

Halpern & Rothman for defendant. Michael O. Finkelstein for plaintiffs.


FRANK A. GULOTTA, J.

On this motion to dismiss the complaint for legal insufficiency, pursuant to subdivision 4 of rule 106 much of defendant's argument is directed to the plausibility of the plaintiffs' story, and whether the acts complained of ever occurred since the complaint is based only upon information and belief. We are not now, however, concerned with the question of proof since on a motion of this...

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