OPPENHEIMER v. SZEKERES


18 A.D.2d 627 (1962)

Alfred Oppenheimer, Appellant, v. Janos Szekeres et al., Defendants, and Savin Business Machines Corporation, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

December 11, 1962


Order entered November 3, 1961, granting motion of defendant Savin Business Machines Corporation to dismiss the complaint for legal insufficiency, under rule 106 of the Rules of Civil Practice and for alternative relief, unanimously reversed on the law, without costs to either party, and the motion is denied, without costs.

The motion is addressed to the entire complaint and if either of the two causes of action in the complaint is good, the motion must be denied...

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