Union Savings Bank v. Dudine

Defendant Romano J. Dudine (hereinafter “ Dudine ”) moves to dismiss the complaint pursuant to rules 106 and 107 of the Rules of Civil Practice. Plaintiff is allegedly not a real party in interest, has no legal capacity to sue, does not state a cause of action and is faced with an existing final judgment precluding any rights it now asserts.

This action is the result of plaintiff’s oversight. Dudine had sued his wife Margaret to impress a trust in his favor on real *156property held by her individually. He simultaneously filed a lis pendens in the Suffolk County Clerk’s office on September 13,…