Monclova v. Arnett

In granting leave to appeal to this court the Appellate Division, Second Department, certified the following question: “ Was the order of this Court entered January 3, 1956, properly made? ”

That order had reversed so much of the order made at Special Term as had denied respondents’ motion to dismiss plaintiff’s complaint, consisting of three alleged causes of action for insufficiency pursuant to rule 106 of the Rules of Civil Practice, by dismissing the first two causes of action with permission to the plaintiff to replead as to the second cause of action. It allowed the third cause of action…