De Landa v. Lucom

These are two motions which will be considered together. The first motion is to dismiss the complaint as insufficient under subdivision 4 of rule 106 of the Rules of Civil *395Practice. The second motion to dismiss the complaint is brought under subdivisions 6 and 7 of rule 107 of the Buies of Civil Practice.

The plaintiff and defendant were married in 1933, at Miami Beach, Florida. They continued to live together as husband and wife and as residents of that State until August, 1951. On August 6,1951, they separated. On August 7,1951, they entered into a written separation agreement, the breach of…