Steuer v. Hector's Tavern, Inc.

Three motions are before the court, all seeking a dismissal of the complaint pursuant to subdivision 2 of rule 107 of the Rules of Civil Practice upon the ground plaintiff has not legal capacity to sue. In determining the question whether the challenged capacity to sue exists, it must be assumed that relief may be granted if support is found for it upon the basis of the allegations contained in the complaint and upon any ground or theory of recovery. The sufficiency of the complaint and the right to relief if the allegations upon proof will support it upon any theory are not challenged save…