HELLER v. SPYRIDON


37 Misc.2d 474 (1962)

Rudolph Heller et al., Plaintiffs, v. Gus Spyridon, Defendant.

Supreme Court, Special Term, Queens County.

November 13, 1962


Attorney(s) appearing for the Case

Emanuel Morgenbesser for defendant. Herbert S. Kassner for plaintiffs.


NICHOLAS M. PETTE, J.

In this negligence action which is primarily to recover damages for personal injuries allegedly suffered by the plaintiff Rudolph Heller, the defendant moves to dismiss the second cause of action on the ground that it is legally insufficient.

The defendant, in support of the motion, contends that the second cause of action pleaded on behalf of the plaintiff Edith Heller, who is...

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