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MELVIN v. KLEIN

49 Misc.2d 24 (1965)

Myron S. Melvin, Plaintiff, v. Eugene H. Klein, Individually and as Managing Agent, Receiver and Trustee in Bankruptcy of Randolph House Motor Hotel Corp., et al., Defendants.

Supreme Court, Special Term, Onondaga County.

December 20, 1965

Attorney(s) appearing for the Case

Smith, Sovik, Terry, Kendrick, McAuliffe & Schwarzer (Lawrence Sovik of counsel), for Eugene H. Klein, as managing agent, receiver and trustee, defendant. Michael L. Supnik for Eugene H. Klein, individually, and another, defendants. Melvin & Melvin (Herman L. Harding of counsel), for plaintiff.

RICHARD D. SIMONS, J.

These are two motions for an order dismissing the plaintiff's complaint on the grounds that the court has not jurisdiction of the subject matter of the cause of action. (CPLR 3211, subd. [a], par. 2.) One motion is made by Eugene H. Klein individually and as managing agent, and by the defendant American Employers' Insurance Company surety of the defendant Klein, and a second motion is made by Eugene H. Klein as receiver and trustee...

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