Calvada, Inc. v. Fidelity & Deposit Co.

This is a motion, pursuant to subdivision 4 of rule 106 of the Rules of Civil Practice to dismiss each of the three causes of action in the third amended complaint on the ground that said causes of action are insufficient in law, or in the alternative, to strike out certain matter from each pursuant to rule 103, on the ground that such matter is sham, frivolous, etc., and with respect to the first cause of action, to require plaintiff to separately state and number causes of action claimed to be improperly commingled in paragraph 21-d of said complaint.

The first cause of action is for damages…