Mitchnick v. Fishman

Defendants move under rule 106 of the Buies of Civil Practice to dismiss the complaint in an action to recover moneys advanced to finance a marriage and a medical career. They contend that the complaint does not state facts sufficient to constitute a cause of action for fraud, and with this contention the court must agree.

The alleged fraud consists of representations that the defendant Irwin Fishman was (1) “ a medical student with one year remaining to completion of his said medical studies ” and (2) “ physically and mentally fit and able to enter into and carry out the functions and duties…