CARTER v. CARTER


32 Misc.2d 366 (1962)

Eleanor V. Carter, Plaintiff, v. Robert W. Carter, Defendant.

Supreme Court, Special Term, Monroe County.

January 5, 1962


Attorney(s) appearing for the Case

Edmund Clynes for defendant. Yanowitch & Frank (Bernard A. Frank of counsel), for plaintiff.


G. ROBERT WITMER, J.

Defendant has moved for an order dismissing the complaint herein under rule 107 (subd. 4) and rule 106 (subd. 4) of the Rules of Civil Practice on the grounds that (1) there is an existing final judgment determining on the merits this same cause of action between these parties and (2) the complaint does not state facts sufficient to constitute a cause of action.

In her complaint plaintiff alleges that she and defendant entered...

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