Oppenheimer v. Szekeres

Order entered November 3, 1961, granting motion of defendant Savin Business Machines Corporation to dismiss the complaint for legal insufficiency, under rule 106 of the Rules of Civil Practice and for alternative relief, unanimously reversed on the law, without costs to either party, and the motion is denied, without costs. The motion is addressed to the entire complaint and if either of the two causes of action in the complaint is good, the motion must be denied (Advance Music Corp. v. American Tobacco Co., 296 N. Y. 79, 84). Each cause of action is sufficient. The first cause of action…