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DOWDELL v. BROWN

54 Misc.2d 44 (1967)

Tume C. Dowdell, as Administrator of The Estate of Deosie S. Dowdell, Deceased, Plaintiff, v. Earl Brown et al., Defendants.

Supreme Court, Special Term, Bronx County.

June 6, 1967

Attorney(s) appearing for the Case

Thomas V. Sinclair for Earl Brown and others, defendants. Panebianco & Shaevitz for plaintiff.

IRVING H. SAYPOL, J.

Motion by the defendants for an order dismissing the complaint pursuant to CPLR 3013 for failure to state facts with sufficient particularity and pursuant to CPLR 3211 (subd. [e]) on the ground that indispensable parties have not been joined in the action is denied. This motion is made when the trial is imminent, years after the complaint was served. The court will not entertain a corrective motion made under the guise of an application...

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