Bernstein's Duck Farm v. Town of Brookhaven

This is a multiple motion to dismiss the complaint on no less than six grounds or, in the alternative, to strike out certain portions of the complaint as irrelevant and unnecessary.

Plaintiff, for his part, objects to a consideration of the points raised by the defendant because the notice of motion does not specify the particular sections of the Civil Practice Act -under which it is made. Also, since the moving* papers contain no affidavits, plaintiff contends that, in any event, the motion can be considered under rule 106 but not under rule 107, e.g*., the Statute of Limitations objection…