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WINDERBAUM v. WINDERBAUM

39 Misc.2d 478 (1963)

Stanley Winderbaum, Plaintiff, v. Evelyn Winderbaum, Also Known as Evelyn Drangel, et al., Defendants.

Supreme Court, Special Term, Bronx County.

May 3, 1963

Attorney(s) appearing for the Case

Benjamin B. Scherman for plaintiff. Donald B. White for Alfred Drangel, defendant.

MORRIS E. SPECTOR, J.

The plaintiff sets forth two causes of action. The first against the defendant Evelyn Winderbaum is for an absolute divorce on the grounds of adultery and the second against the other defendants sounds in prima facie tort. Both defendants move to dismiss the second cause of action; one pursuant to subdivision 4 of rule 106 of the Rules of Civil Practice and the other under rule 112 of the Rules of Civil Practice. Inasmuch as both...

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