Longo v. Tauriello

Defendant moves, pursuant to rules 106 and 107 of the Rules of Civil Practice, to dismiss the complaint upon the ground that the same is insufficient in law and that the court has not jurisdiction of the subject matter of the action, pursuant to rule 103 of the Rules of Civil Practice to strike out part of paragraph fifth of the complaint on the ground that the same is sham, frivolous and irrelevant, and, pursuant to rule 112 of the Rules of Civil Practice, for judgment on the pleadings. Plaintiffs cross-move to strike out defendant’s answer upon the ground that the same is sham and frivolous…