Leary v. Leary

This is a motion for an order dismissing plaintiff’s complaint pursuant to rule 106 of the Rules of Civil Practice, on the ground that the complaint does not state facts sufficient to constitute a cause of action.

There are two causes of action and in the first it is set forth that plaintiff and defendant are husband and wife and then it appears later that a separation agreement was entered into. As stated in paragraph “ 5 ” the said agreement was entered into, with the intention that the parties thereto “should immediately thereafter separate, and in contemplation of such immediate…