Towers v. Towers

Following the dismissal of the complaint for legal insufficiency with leave to plead over and the denial without prejudice of the motion to dismiss it on the ground that there is an existing final judgment rendered on the merits by a court of competent jurisdiction determining the same cause of action between the parties and of the cross motion for counsel fees, pursuant to section 1169-a of the Civil Practice Act, the plaintiff served an amended complaint containing two causes of action.

The defendant thereupon moved, by notice of motion dated January 25,1960, to dismiss the complaint for…