Gianaca v. R K O Theatres, Inc.

The defendant B K 0 Theatres, Inc., moves to dismiss each of three causes of action alleged in the complaint for legal insufficiency upon the ground that it shows on its face “that there was a holding by a magistrate, and no facts are stated to show want of probable cause or freedom from contributory wrong by the plaintiff, but as to each and every cause of action the plaintiff relies upon mere conclusions of law, unsupported by any showing of necessary fact, to allege the necessary elements of each and every cause of action.”

Assuming the truth of the factual allegations of the complaint, it…