This is a motion to dismiss the complaint on the ground that it fails to state facts sufficient to constitute a cause of action.
Plaintiff, a creditor of one William E. Murphy, deceased, brings an action under section 170 of the Decedent Estate Law to recover from the legatees of a deceased legatee of the deceased debtor Murphy, to the extent of the assets received by defendants-legatees from the estate of their testator who previously...
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