CHRIST v. LAKE ERIE DISTRS.


51 Misc.2d 811 (1966)

Lawrence Christ, Plaintiff, v. Lake Erie Distributors, Inc., et al., Defendants. In the Matter of Dorothy Christ, Petitioner, v. Lake Erie Distributors, Inc., et al., Respondents.

Supreme Court, Erie County.

October 19, 1966


Attorney(s) appearing for the Case

Miller, Farmelo & Stenger (John H. Stenger of counsel), for plaintiff and petitioner. Lipsitz, Green, Fahringer, Roll, Schuller & James (Evan E. James of counsel), for Seymour L. Schuller, respondent.


MICHAEL CATALANO, J.

Defendants in the above-mentioned action move for an order dismissing the complaint, or either of the two alleged causes of action therein, pursuant to CPLR 3211 because (1) this court has no jurisdiction of the subject matter; (2) the pleading is insufficient; (3) a necessary party is missing. The corporate respondent in the above-mentioned proceeding moves to dismiss the petition pursuant to CPLR 3211 because the proceeding has...

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