BARAD v. BANK OF COMMERCE


48 Misc.2d 839 (1966)

Gloria Barad, as Administratrix of The Estate of Frances V. Rothenberg, Deceased, Plaintiff, v. Bank of Commerce, Defendant.

Supreme Court, Special Term, Kings County.

January 6, 1966


Attorney(s) appearing for the Case

John J. Dwyer for defendant. Nathan Schwartz for plaintiff.


LOUIS B. HELLER, J.

The defendant moves pursuant to CPLR 3211 (subd. [a], pars. 7, 10) for dismissal of the complaint and of each and every alleged cause of action therein upon the grounds, respectively, that the complaint fails to state a cause of action and that the court should not proceed in the absence of a person who should be a party.

The first purported cause of action of the complaint alleges...

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