DUNDES v. FUERSICH


6 Misc.3d 882 (2004)

791 N.Y.S.2d 893

SEENA DUNDES, as Executor of LESTER DUNDES, Deceased, Plaintiff, v. LAWRENCE FUERSICH et al., Defendants.

Supreme Court, New York County.

December 22, 2004.


Attorney(s) appearing for the Case

Weisman, Celler, Spett & Modlin, P.C., New York City (Kenneth A. Hicks and John B. Sherman of counsel), for defendants.

Eaton & Van Winkle LLP, New York City (Robert S. Churchill and Brendan R. Marx of counsel), for plaintiff.


OPINION OF THE COURT

BERNARD J. FRIED, J.

Defendants move, pursuant to CPLR 3211 (a) (7), to dismiss the complaint on the grounds that it fails to state a cause of action based upon a joint venture against any of the defendants and, alternatively, that no claim is stated against the two individual defendants, Lawrence Fuersich and Henry Burr.

The complaint alleges that plaintiff, Seena Dundes, is the legal...

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