KRIMSKY v. LOMBARDI


78 Misc.2d 685 (1974)

Ralph Krimsky et al., Individually and as Executors of Philip Krimsky, Deceased, Plaintiffs, v. Louis Lombardi et al., Defendants.

Supreme Court, Special Term, Albany County.

July 5, 1974


Attorney(s) appearing for the Case

Carter, Conboy, Bardwell & Case for defendants. Ungerman, Harris & Ackerman for plaintiffs.


A. FRANKLIN MAHONEY, J.

The defendants, individually and as constituting the law firm of Lombardi and Reinhard, move for an order dismissing plaintiffs' complaint on the several grounds that plaintiffs (a) as executors, lack the capacity to sue, (b) as individuals, cannot and do not state a cause of action. In the alternative, defendants move for relief requiring plaintiffs to replead (CPLR 3014, 3024).

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