PLASTICOS INDS. EXTRUSOS v. BK. OF NOVA SCOTIA


38 Misc.2d 9 (1963)

Plasticos Industriales Extrusos, A. A., Plaintiff, v. Bank of Nova Scotia, Defendant.

Supreme Court, Special Term, New York County.

January 30, 1963


Attorney(s) appearing for the Case

Shearman & Sterling (Henry Harfield and Wm. Harvey Reeves of counsel), for defendant. Gallop Climenko & Gould (Milton S. Gould and Alan J. Hartnick of counsel), for plaintiff.


WILLIAM LYMAN, J.

Defendant moves, pursuant to rule 107 of the Rules of Civil Practice for a dismissal of the complaint upon the ground that the court does not have jurisdiction of the action and upon the further ground that plaintiff lacks legal capacity to sue and, further, for relief pursuant to section 51-a of the Civil Practice Act, requiring that notice be given to four alleged adverse claimants.

It is alleged in the complaint that plaintiff...

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