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COLLIGAN v. CAPRIO

43 Misc.2d 897 (1964)

John P. Colligan, Jr., Plaintiff, v. Merrick Caprio et al., Defendants.

District Court, Third District, Nassau County.

July 22, 1964

Attorney(s) appearing for the Case

Flynn & Nussinow for defendants. Rosenthal & Curry for plaintiff.

BERNARD TOMSON, J.

The defendants move to dismiss pursuant to subdivision 7 of 3211 CPLR on the ground that the complaint fails to state a cause of action, to dismiss pursuant to subdivision 10 of 3211 CPLR on the ground that the court "should not proceed in the absence of a person who should be a party, or in the alternative the Court should not permit this action to proceed until said person is made a party defendant under CPLR 1001."

The complaint...

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