Vanderporten v. Slutsky

This is a motion by the defendants to dismiss the plaintiff’s complaint pursuant to the provisions of subdivision 5 of rule 106 of the Buies of Civil Practice, and for alternátive relief that paragraphs numbered eleventh and thirteenth of the complaint be stricken out pursuant to the provisions of rule 103 of the Buies of Civil Practice.

In a motion predicated upon rule 106 of the Buies of Civil Practice, the complaint is to be liberally construed (Civ. Prac. Act, § 275), and if upon any theory the plaintiff is entitled to a recovery, the motion to dismiss the complaint should be denied (Dyer…