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WANEK v. RICHARDSON-MERRELL

40 Misc.2d 635 (1963)

Anton Wanek, Jr., Plaintiff, v. Richardson-Merrell, Inc., et al., Defendants.

Supreme Court, Special Term, New York County.

October 3, 1963

Attorney(s) appearing for the Case

Samuel Morris and Arnold H. Graham for plaintiff. Rogers, Hoge & Hills (Andrew J. Graham and Robert A. Verlin of counsel), for defendants.

CHARLES A. LORETO, J.

Plaintiff moves pursuant to subdivisions 3 and 6 of rule 109 of the Rules of Civil Practice for dismissal of the separate defense for legal insufficiency. Defendants cross-move pursuant to rule 3211 of the Civil Practice Law and Rules for judgment dismissing the complaint upon the ground of prior action pending or, in the alternative, for an order pursuant to section 2201 of the Civil Practice...

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