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JAMES v. POWELL

25 A.D.2d 1 (1966)

Esther James, Respondent, v. Adam C. Powell, Jr., et al., Appellants

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

January 18, 1966.

Attorney(s) appearing for the Case

Henry R. Williams for appellants.

Raymond Rubin (Raymond Rubin and Joseph A. Wolfert on the brief), attorney for respondent.

McNALLY, J. P., and EAGER, J., concur with STEUER, J.; WITMER, J., dissents in opinion in which STEVENS, J., concurs.

STEUER, J.

Plaintiff sued four defendants: Adam and Yvette Powell, and Gonzalo and Carmen Diago. The first cause of action is against defendants Powell only. It is that cause of action which is the subject of the motion to dismiss.

The allegations of this cause of action are that plaintiff obtained a judgment against defendant Adam Powell in the sum of $46,739.35, which judgment is unsatisfied except to...

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