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FOLEY v. D'AGOSTINO

21 A.D.2d 60 (1964)

John Foley et al., as Executors of Pasquale D'Agostino, Deceased, Appellants, v. Nicholas D'Agostino et al., Respondents, et al., Defendants

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

March 17, 1964.

Attorney(s) appearing for the Case

Justin M. Golenbock of counsel (Seymour Klemman, Lawrence K. Feitell and Martin W. Felcher with him on the brief; Golenbock & Barell, attorneys), for appellants.

Sidney P. Howell, Jr., of counsel (Louis H. Powell and Richard S. Guyer with him on the brief; Regan Goldfarb Powell & Quinn, attorneys), for respondents.

BREITEL, J. P., RABIN, STEVENS and STEUER, JJ., concur.

EAGER, J.

This appeal is from an order which, upon motion pursuant to 3211 (subd. [a], par. 7) of the Civil Practice Law and Rules, dismissed plaintiffs' complaint and each of the three causes of action therein upon the ground that there was a failure to state any cause of action.

The action was brought by the plaintiffs as 50% shareholders in several related family close corporations engaged in conducting...

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