WALLER v. RADIO CORP. OF AM.


35 Misc.2d 405 (1962)

Maurice Waller et al., as Successor Trustees under the Will of Thomas W. Waller, Also Known as Thomas "Fats" Waller, Deceased, Plaintiffs, v. Radio Corporation of America et al., Defendants.

Supreme Court, Special Term, New York County.

May 23, 1962


Attorney(s) appearing for the Case

John Windsor for plaintiffs. Meyer Schwartz for Morton Miller, defendant. Milton Gerber for Wallace T. (Ed) Kirkeby and another, defendants.


IRVING H. SAYPOL, J.

Defendant Miller moves for dismissal, pursuant to section 241 of the Civil Practice Act and subdivision 4 of rule 106 of the Rules of Civil Practice, of the second and third causes of action contained in the third amended complaint, or in the alternative that plaintiff be required, pursuant to rule 90, to serve a fourth amended complaint in which the causes contained in the second and third...

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