Siegel v. Epstein

In an action to recover damages for wrongful eviction and conversion, the plaintiff appeals from an order of the Supreme Court, Nassau County, dated January 21, 1964, which: (1) granted the defendant Valente’s motion to dismiss the amended complaint for failure to state a cause of action (treated as a motion for summary judgment pursuant to CPLR 3211, subd. [c]); and (2) denied plaintiff’s cross motion for summary judgment. Order affirmed, with $10 costs *822and disbursements. It appears that, during the time alleged in the amended complaint, defendant Valente was the ■ duly appointed Marshal of…