Pearlson v. Javitz

In an action to impress a trust upon real property and bank accounts, and for an accounting, defendant appeals from an order denying her motion (1) to dismiss the amended complaint for insufficiency, (2) to require said amended complaint to be made more definite and certain, and (3) to strike out certain allegations therein as irrelevant and redundant (Rules Civ. Prac., rules 102, 103, 106). Order reversed, without costs, and motion granted to the following extent: (1) dismissing the third cause of action pleaded in the amended complaint, with leave to plead over, if so advised; and (2)…