Great Neck Improvement Corp. v. Shoreward Realty Corp.

Motion made by two certain defendants to dismiss the complaint under rule 106 of the Rules of Civil Practice on the grounds that it appears on the face of the complaint: (1) That the plaintiff has not legal capacity to sue, for the reason that Louis Guerr and Richard Rosso, co-owners with the plaintiff of undivided interests in the bond and mortgage referred to in the complaint, are not made parties plaintiff in this action, and (2) that the complaint fails to state facts sufficient to constitute a cause of action. Action is to foreclose a mortgage upon real property forg$110,000 made by…