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STUYVESANT INS. CO. v. PERFETTO

37 Misc.2d 739 (1962)

Stuyvesant Insurance Company of New York, Plaintiff, v. Mario Perfetto et al., Defendants.

Supreme Court, Special Term, Queens County.

November 28, 1962

Attorney(s) appearing for the Case

Harvey L. Strelzin and Rachel B. Backer for Anthony J. De Louise, defendant. Shayne, Dachs, Rothman & Weiss (Norman H. Dachs of counsel), for plaintiff.

LESTER HOLTZMAN, J.

Motion by defendant De Louise to dismiss the complaint upon the ground that (1) it fails to state facts sufficient to constitute a cause of action, (2) there is another action pending between the same parties for the same cause and (3) this is not a proper case for a declaratory judgment.

Plainly, there is no other action pending between the same parties for the same cause. In the first place, plaintiff in this action is not...

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