Simon v. Levine

Motion to dismiss the complaint pursuant to rule 106 of the Buies of Civil Practice on the grounds that (1) the court does not have jurisdiction of the subject of the action, and (2) the complaint does not state facts sufficient to constitute a cause of action.

The complaint reveals: that in an action commenced by the defendant, Sarah Levine, as plaintiff in June, 1955, the plaintiffs herein, as defendants therein, had judgment obtained (Oct. 30, 1956) against them, on a cause of action to recover the balance due on a loan; that as defendants, the plaintiffs herein pleaded that the loan to a…