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LENNY BRUCE ENTER. v. FANTASY RECORDS

40 Misc.2d 715 (1963)

Lenny Bruce Enterprises, Inc., as Assignee of Lenny Bruce, Plaintiff, v. Fantasy Records, Inc., et al., Defendants.

Supreme Court, Special Term, New York County.

October 9, 1963

Attorney(s) appearing for the Case

Fink, Weinberger, Levin & Gottschalk (Henry A. Weinstein of counsel), for Fantasy Records, Inc., defendant. Earle Warren Zaidins for plaintiff.

CHARLES A. LORETO, J.

Defendant Fantasy Records, Inc., appearing specially, moves for dismissal of the complaint, pursuant to former rule 107 of the Rules of Civil Practice, upon the ground that the plaintiff does not have legal capacity to sue and further for an order pursuant to former section 237-a of the Civil Practice Act, setting aside the service of the summons on the ground that the court does not have jurisdiction of the

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