Faulk v. Aware, Inc.

Plaintiff moves (1) to dismiss the second and fourth defenses as insufficient in law, (2) to dismiss the third defense as insufficient, or, in the alternative, to require defendants to make the same more definite and certain, and (3) to vacate a notice to take plaintiff’s testimony before trial. Defendants claim that the complaint is insufficient and that *835plaintiff’s motion must, therefore, be denied under the rule that a motion to dismiss defenses searches the record and must be denied if the complaint fails to state a good cause of action (Teller v. Prospect Heights Hosp., 280 N. Y. 456,…