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MATTER OF KAHN v. BACKER

21 A.D.2d 171 (1964)

In the Matter of Gerald S. Kahn, Petitioner, v. Frederick Backer, a Justice of the Supreme Court, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

May 12, 1964.

Attorney(s) appearing for the Case

Martin Shulman for petitioner.

Daniel M. Cohen of counsel (Louis J. Lefkowitz, Attorney-General), for respondent.

BOTEIN, P. J., BREITEL, VALENTE, STEVENS and EAGER, JJ., concur.

Per Curiam.

This is an application, pursuant to article 78 CPLR, to compel a Justice of the Supreme Court to render a decision on a motion made by petitioner to dismiss a cause of action in a complaint for insufficiency. Petitioner is a defendant in an action brought by his former wife to recover payments due under a separation agreement. One of the causes of action alleged in the complaint in that suit is by the wife...

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