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DAVIS v. DURYEA

99 Misc.2d 933 (1979)

Cleveland J. Davis, Plaintiff, v. Perry Duryea et al., Defendants.

Supreme Court, Special Term, New York County.

May 29, 1979

Attorney(s) appearing for the Case

Paul J. Curran and Brian S. Conneely for Perry Duryea, defendant. Reboul, MacMurry, Hewitt, Maynard & Kristol (J. Joseph Bainton of counsel), for Bailey, Deardourff & Associates, defendant. Robert Bloom and Elizabeth A. Gaynes for plaintiff.

SHANLEY N. EGETH, J.

The instant motion, made jointly on behalf of both defendants, seeks a dismissal of the complaint, pursuant to CPLR 3211 (subd [a], par 7). Movants urge that the action is untenable in that the complaint fails to state a cause of action.

UNDERLYING FACTS

The complaint discloses that the plaintiff is presently in custody and awaiting trial pursuant to an indictment in which...

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