SCHILLINGER & ALBERT v. MYRAL HATS


55 Misc.2d 178 (1967)

Schillinger & Albert, Inc., Plaintiffs, v. Myral Hats, Inc., et al., Defendants.

Civil Court of the City of New York, New York County.

November 22, 1967


Attorney(s) appearing for the Case

Weiss, Wiener & Levine for defendants. Samuel Isaacson for plaintiff.


WILLIAM T. O'CONNELL, J.

Defendants move to dismiss under CPLR 3211 on the ground that this action is not authorized by plaintiff. The complaint seeks to recover specific moneys had and received by one defendant for the benefit of plaintiff and then wrongfully deposited in the account of the other defendant. On its face such a cause of action is within the jurisdiction of this court (La Forge v. Cornell, 127 N.Y.S. 453; John Berg, Inc. v. Associated...

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