TURSELLINO v. PADUANO


202 Misc. 74 (1951)

Frank Tursellino et al., Plaintiffs, v. Dominick Paduano, as Commissioner of Water Supply, Gas and Electricity, et al., Defendants.

Supreme Court, Special Term, Kings County.

October 17, 1951.


Attorney(s) appearing for the Case

John P. McGrath, Corporation Counsel (W. Bernard Richland and Pauline K. Berger of counsel), for defendants.

Bennett E. Aron for plaintiffs.


BAAR, J.

This is a motion by defendants to dismiss the complaint either pursuant to subdivision 5 of rule 106 of the Rules of Civil Practice or for summary judgment under rule 113, or that the court pursuant to rule 212 in the exercise of its discretion refuse to take jurisdiction, and dismiss the complaint.

In a joint complaint wherein each of the two plaintiffs pleads an asserted cause of action against...

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