OLDHAM v. McROBERTS


18 A.D.2d 773 (1962)

Frank B. Oldham et al., Respondents, v. H. Theodore McRoberts, Appellant, et al., Defendant

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

December 7, 1962


Order unanimously affirmed, without costs of this appeal to any party.

Memorandum:

The complaint on its face states at least one good cause of action. This is sufficient to defeat a motion addressed to the entire complaint. (Advance Music Corp. v. American Tobacco Co., 296 N.Y. 79, 84.) We do not now pass on the question of the effect of prior adjudications or any other defenses. The issues in this case cannot be properly disposed of by a motion for...

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