Torres v. Lacey

The defendant, Lacey, as the president of a voluntary unincorporated association, moves pursuant to rule 112 of the Rules of Civil Practice for judgment upon the ground that the complaint or the second cause of action fails to state sufficient facts to constitute a cause of action, or alternatively, pursuant to rule 106 of the Rules of Civil Practice, for dismissal of the complaint or the second cause of action upon the same ground.

Plaintiff alleges a first cause of action in assault and battery against John Doe, an unknown assailant. This defendant has defaulted in appearance. The second…