Monclova v. Arnett

The defendants have moved to dismiss the first and third causes of action of the amended complaint pursuant to rule 106 of the Buies of Civil Practice on the ground of insufficiency. The plaintiff has cross-moved, pursuant to rule 109, to dismiss the defendants’ second and third *358affirmative defenses to the plaintiff’s second cause of action upon the ground that the defenses are legally insufficient.

The plaintiff originally served a complaint alleging three causes of action. The defendants moved to dismiss the complaint. Upon appeal, the first cause of action was upheld by the Court of Appeals…