Calloway v. Munzer

The defendant seeks an order dismissing the complaint for the reason that it fails to state a canse of action (CPLB 3211, suhd. [a], par. 7). The application was initiated on a copy of the complaipt and notice of motion. The parties submitted supporting affidavits and memoranda of law.

Plaintiff’s complaint contains'the elements of a cause of action in deceit (Prosser, Torts [2d ed.], § 86, p. 523). The parties had lived together for a number of years, the plaintiff knowing that the defendant had a wife living by a previous marriage which had not been dissolved. It may be gathered that they…