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GUNN v. MAHONEY

95 Misc.2d 943 (1978)

William J. Gunn, Plaintiff, v. Donald T. Mahoney, Defendant.

Supreme Court, Erie County.

August 29, 1978

Attorney(s) appearing for the Case

Brown, Kelly, Turner, Hassett & Leach (Ogden R. Brown of counsel), for defendant. Sheldon M. Markel for plaintiff. Harold P. Bulan, trustee in bankruptcy.

RUDOLPH U. JOHNSON, J.

Defendant herein seeks an order pursuant to CPLR 3211 (subd [a], par 3) dismissing the plaintiff's complaint upon the grounds that plaintiff has no legal capacity to sue.

Harold P. Bulan, as trustee in bankruptcy for William Gunn, seeks a denial of defendant's motion and alternate relief of an order substituting himself as said trustee...

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