ACTIVE DOLL CORP. v. LUJAN, INC.


38 Misc.2d 502 (1962)

Active Doll Corporation, Plaintiff, v. Lujan, Inc., et al., Defendants.

Supreme Court, Special Term, Kings County.

December 20, 1962


Attorney(s) appearing for the Case

Herman Traub for defendants. Benjamin Lebenbaum for plaintiff.


JACOB J. SCHWARTZWALD, J.

Defendants move to dismiss the complaint under rule 107 of the Rules of Civil Practice on the ground that this action is barred by the settlement of the prior action between the same parties and the resulting general release which plaintiff gave movants in confirmation thereof.

Examination of the submitted papers, including plaintiff's verified complaint, shows plaintiff's contention to be that the prior City Court action...

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