Spring v. Moncrieff

Bach defendant separately moves (with supporting affidavits) to dismiss both causes of action pleaded in the complaint, pursuant to subdivision 7 of rule 107 of the Buies of Civil Practice, on the ground that the alleged agreement there set forth is unenforcible under the Statute of Frauds; and to dismiss the second cause of action, pursuant to subdivision 4 of rule 106, on the ground that this count fails on its face to allege facts sufficient to constitute a cause of action. The plaintiff relies upon the sufficiency of the second count as pleaded; and, in opposition to the motion seeking…