Arouri v. Schwartz

In an action arising out of a sale of real property, in which the second amended complaint pleads 11 separate causes, the first cause of action being against all the defendants for the rescission of the contract of sale on the ground of fraud and deceit, and for a reconveyance of the property, the plaintiff appeals: (1) from an order of the Supreme Court, Westchester County, dated March 13, 1961, which, on motion of the defendant, Charles Cardillo, Jr., addressed to the entire second amended complaint, dismissed as against him the said complaint by reason of its patent insufficiency, with…