Kronman v. Kronman

On this motion addressed to the sufficiency of the defenses it was error to dismiss the complaint in the absence of a counter-motion seeking such relief. (Bernard v. Chase National Bank, 233 App. Div. 384.) Of course, if the complaint was insufficient, the court was not required to pass upon the defenses.' They would be good enough for a bad complaint. (Bernard v. Chase National Bank, supra.) However, we deem the first cause of action sufficient. It is predicated upon a material false representation.

The second cause of action, however, is insufficient. It may not be sustained upon the theory…