SQUIRE v. WING


35 Misc.2d 287 (1962)

Edmund M. Squire, Plaintiff, v. Thurber Wing, as Executor of Roger Williams, Deceased, Defendant.

Supreme Court, Special Term, Kings County.

May 29, 1962


Attorney(s) appearing for the Case

William J. Parks for defendant. I. Walton Bader for plaintiff.


JAMES S. BROWN, J.

Motion for an order under subdivision 4 of rule 106 of the Rules of Civil Practice to dismiss the amended complaint on the ground that it does not state facts sufficient to constitute a cause of action.

The amended complaint alleges that plaintiff and defendant's testator were the sole partners of a certain partnership until the death of the testator on November 24, 1960, and it refers to a balance sheet and alleges that the...

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