CALLOWAY v. MUNZER


57 Misc.2d 163 (1968)

Thelma I. Calloway, Also Known as Thelma I. Munzer, Plaintiff, v. William Z. Munzer, Defendant.

Supreme Court, Special Term, Nassau County.

July 3, 1968


Attorney(s) appearing for the Case

Martin, Bloom & Lipton for defendant. Jacob M. Goldenkoff for plaintiff.


JOSEPH LIFF, J.

The defendant seeks an order dismissing the complaint for the reason that it fails to state a cause of action (CPLR 3211, subd. [a], par. 7). The application was initiated on a copy of the complaint and notice of motion. The parties submitted supporting affidavits and memoranda of law.

Plaintiff's complaint contains the elements of a cause of action in deceit (Prosser, Torts [2d ed.]...

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