Card v. Budini

Appeal is taken from an order of the Supreme Court at Special Term which granted defendant’s motions (1) to dismiss as insufficient the two causes of action alleged in the complaint (CPLR 3211, subd. [a], par. 7) and (2) to strike out the allegations contained in certain designated paragraphs of the complaint as scandalous and prejudicial matter unnecessarily inserted therein (CPLR 3024, subd. [b]). Although the dismissal rendered academic the motion to strike, the order, in terms, granted both motions, with leave to replead.

The first cause of action is brought to recover damages for personal…