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STATMAN v. KELLY

47 Misc.2d 294 (1965)

James Statman et al., Plaintiffs, v. De Witt V. Kelly, Individually and as Chief Clerk of the Criminal Court of the City of New York, et al., Defendants.

Supreme Court, Special Term, New York County.

July 8, 1965

Attorney(s) appearing for the Case

Nanette Dembitz, Robert C. Johnston and Henry Winestine for plaintiffs. Louis J. Lefkowitz, Attorney-General (Mortimer Sattler of counsel), for defendants.

IRVING H. SAYPOL, J.

The defendants' motion before answer for a judgment dismissing the amended complaint on the ground that the court has not jurisdiction of the subject matter, etc. (CPLR 3211, subd. [a], par. 2) and on the ground that the complaint fails to state a cause of action (CPLR 3211, subd. [a], par. 7), is granted.

In their complaint, in the first cause of action, the plaintiffs describe...

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