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CALLA v. SHULSKY

139 Misc.2d 881 (1988)

Vincent Calla et al., Plaintiffs, v. Doris R. Shulsky et al., as Trustees of Elgin Shulsky, Deceased, et al., Defendants and Third-Party Plaintiffs. Climate Shop, Inc., Third-Party Defendant.

Supreme Court, New York County.

February 26, 1988

Attorney(s) appearing for the Case

D'Amato & Lynch for defendants and third-party plaintiffs. Fuchsberg & Fuchsberg for plaintiffs.

FRANCIS N. PECORA, J.

Defendants move to dismiss the complaint in this personal injury action on grounds of forum non conveniens, or, alternatively, to dismiss the second cause of action contained in the complaint for failure to state a cause of action pursuant to CPLR 3211 (a) (7).

The action was commenced as a result of a fall by plaintiff from a ladder on September 29, 1986, at the Linwood Shopping...

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