BALLUFFI v. MONTROSS


199 Misc. 220 (1950)

Frank W. Balluffi et al., on Their Own Behalf and on Behalf of the Contributors to The Sons of Veterans, De Lancy Cole Camp's Historical Building and Museum Fund, Plaintiffs, v. Harold Montross et al., Individually and as Commander, Trustees and Officers of De Lancy Cole Camp No. 78, Sons of Veterans, Inc., Peekskill, N. Y., et al., Defendants.

Supreme Court, Special Term, Westchester County.

December 27, 1950.


Attorney(s) appearing for the Case

Myles J. Holley for defendants.

Pines & Sterling for plaintiffs.


DAVIS, J.

In an action to impress a trust upon certain funds or the proceeds thereof, representing contributions solicited for the erection of a building in the city of Peekskill as a permanent memorial for war veterans, defendants move to dismiss the complaint under rule 106 of the Rules of Civil Practice, and for certain other relief.

The motion to dismiss the complaint is granted. The Attorney-General of the State of New York is charged with...

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