Goldberg v. Rand

Defendant moves pursuant to subdivision 4 of rule 106 of the Rules of Civil Practice to dismiss the complaint on the ground that it does not state facts sufficient to constitute a cause of action. The action is in equity to compel the defendant to convey to the plaintiff, as executor of the estate of Helen Goldberg, certain real property. It appears that by virute of a deed made, executed and delivered by the defendant, plaintiff’s testate became the sole owner of the property involved herein. However, said deed was never recorded and has been either lost or destroyed.

On a motion to dismiss…