Storch v. Gordon

By stipulation of the parties, the motion herein is deemed to be an application to dismiss the complaint for insufficiency. Plaintiff heretofore instituted an action in Queens County and the complaint was dismissed for insufficiency with leave to plead over. An amended complaint, the first cause of action of which was in substantially the form of the complaint in the present action, was then served and dismissed with leave to plead over. Plaintiff failed to serve the second amended complaint and the action there stands dismissed but such dismissal is not on the merits. Since this is a new…