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DOLLINGER v. DOLLINGER

51 Misc.2d 808 (1966)

John B. Dollinger, Individually and as Stockholder of and on Behalf of Dollinger Corporation, Plaintiff, v. Lewis L. Dollinger, Jr., et al., as Cotrustees under the Will of Lewis L. Dollinger, Sr., Deceased, et al., Defendants.

Supreme Court, Monroe County.

October 14, 1966

Attorney(s) appearing for the Case

Reilly, McLouth, Lines & Wilkens (Stephen V. Lines of counsel), for Lincoln Rochester Trust Company and another, as cotrustees under the will of Lewis L. Dollinger, Sr., deceased, defendants. William L. Clay for plaintiff.

JACOB ARK, J.

This is a motion under CPLR 3211 (subd. [a], par. 7) on behalf of the defendants Lincoln Rochester Trust Company and Lelia A. Dollinger, as cotrustees under the will of Lewis L. Dollinger, Sr., to dismiss the amended complaint which alleges five causes of action.

In the first cause of action it is alleged that the plaintiff is a stockholder, president and chief executive officer of the...

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