STARDUST LANES v. METROPOLIS BOWLING


35 Misc.2d 291 (1962)

Stardust Lanes, Inc., Plaintiff, v. Metropolis Bowling Centers, Inc., Defendant.

Supreme Court, Special Term, Queens County.

May 17, 1962


Attorney(s) appearing for the Case

Unterman & Alfieri for defendant. Alvin L. Korngold for plaintiff.


HAROLD J. CRAWFORD, J.

Defendant moves to dismiss the complaint on the ground that it is not the real party in interest or, in the alternative, that the complaint be struck out for plaintiff's willful failure to proceed and submit to an examination before trial and that the action be struck from the calendar.

The complaint contains two causes of action. The first is for specific performance of a written agreement, dated September 18, 1961, and...

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