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McAVOY v. DI LEO

40 Misc.2d 46 (1963)

Harold V. McAvoy and Silvio M. Burigo, Jr., Plaintiffs, v. Anna R. Di Leo et al., Defendants. (Action No. 1.) City of New Rochelle, Plaintiff, v. Frank Di Leo, Defendant. (Action No. 2.)

County Court, Westchester County.

July 15, 1963

Attorney(s) appearing for the Case

Fasso & Belserene for plaintiffs. Howard H. Schrecke for defendants.

JOHN H. GALLOWAY, JR., J.

This is a motion by the defendants in each of these actions for an order dismissing the second cause of action in the amended complaints on the ground that it appears on the face thereof that they do not state facts sufficient to constitute causes of action.

In prior decisions on plaintiffs' motions to amend their respective complaints to plead a second cause of action under...

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