CONTI v. POLIZZOTTO


169 Misc.2d 354 (1996)

646 N.Y.S.2d 259

Giovanni Conti et al., Plaintiffs, v. Alfred Polizzotto et al., Defendants.

Supreme Court, Kings County.

July 8, 1996


Attorney(s) appearing for the Case

D'Amato & Lynch, New York City, for defendants. Schoen & Getlan, New York City, for plaintiffs.


MELVIN S. BARASCH, J.

The defendants have moved to dismiss the complaint of the plaintiffs pursuant to CPLR 3211 (a) (7) on the grounds that the complaint failed to state a cause of action. The facts, as they are relevant, are as follows:

Plaintiffs allege that they paid for and instructed defendants to draft the last will and testament on behalf of their aunt, the testatrix Lucia Borrometi, in such a manner that would allow Mrs. Borrometi's husband...

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