Citarella v. Malone

This is an action to declare null and void a judgment of the City Court of the City of New York, County of Kings, entered in February, 1940 and for incidental relief. Each of the five causes of action originally pleaded by the plaintiffs was challenged for legal insufficiency. Only the first cause of action was sustained; the remaining four were dismissed by order of this court, dated August 8, 1958, without leave to replead. The answer of the defendant Malone denied the material allegations of the cause of action which remained, and by way of defense asserted that “ The plaintiffs herein are…