Lazzarini v. Trapani

Plaintiff moves ‘ ‘ for an order dismissing the counterclaim on the grounds that the counterclaim does not state facts sufficient to constitute a cause of action.”

The complaint, which has been upheld by this court (Lazzarini v. Trapani, 10 Misc 2d 985), sets forth two causes of 'action, the first to set aside a will, and the second to set aside a deed made by defendant’s mother to him.

The counterclaim, which is also asserted as a defense, sets forth that from about the year 1921 and after the death of the grantor’s husband, defendant supported and maintained the grantor, his mother; that…