Weiss v. Goldsleger

Defendant moves to dismiss the complaint on the ground it fails to state a cause of action and to vacate the warrant of attachment.

Plaintiff sues to recover a deposit after electing to rescind a contract which plaintiff was induced to enter through the fraud of defendant. A warrant of attachment was issued in that action.

Defendant contends that the complaint is insufficient (1) because it fails to specify the respects in which the representations were false, and (2) the complaint does not allege that the statements were made with the intent to defraud and deceive plaintiff. These objections…