Looney v. Smith

Motion to dismiss a second amended complaint on the grounds (1) that it is legally insufficient (Rules Civ. Prac., rule 106, subd. 5) and (2) that there is another action pending (Buies Civ. Prac., rule 107, subd. 4).

The gravamen of the complaint is that the defendant lessors of a one-family house fraudulently concealed a condition in the leased premises whereby a precipitation of rain in excess of one inch in twenty-four hours would result in flooding the basement with water and sewerage to a depth of from one to four feet. Bescission of the lease, a return of the security, and damages in…