42nd Street Fotoshop, Inc. v. Weimet Film Co.

This motion (pursuant to rule 106 of the Buies of Civil Practice) is made by all of the defendants to dismiss for insufficiency on its face the first cause of action pleaded in the supplemental complaint. The corporate defendants additionally move (in pursuance of the same rule) to dismiss the cause of action on the ground that in any event it fails to set forth facts sufficient to state a cause of action against them.

The complaint pleads three counts, the first of which (in behalf of Marcus, the individual plaintiff) is alone the subject of this motion to dismiss. The complaint therein…