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ROSENBLATT v. BIRNBAUM

16 N.Y.2d 212 (1965)

Philip Rosenblatt, Respondent, v. Freda Birnbaum et al., Appellants.

Court of Appeals of the State of New York.

Decided October 28, 1965.

Attorney(s) appearing for the Case

Edward Sharf for appellants.

Lester Alan Baron and Milton B. Franklin for respondent.

Abraham M. Lindenbaum, guardian ad litem, and Daniel Eisenberg, for Dorrie and Wendy Rosenblatt, infants.

Chief Judge DESMOND and Judges DYE, FULD, BURKE and BERGAN concur with Judge VAN VOORHIS; Judge SCILEPPI dissents and votes to reverse upon the dissenting opinion at the Appellate Division.

VAN VOORHIS, J.

The Appellate Division has denied a motion to dismiss the complaint for legal insufficiency. We think that the result is correct but for different reasons. A motion to dismiss a complaint cannot be granted if it contains any valid cause of action (Dulberg v. Mock, 1 N.Y.2d 54, 56). This complaint does not present the question on which the Appellate Division...

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