Fox v. I. Stern Dental Supply Co.

McAvoy, J.:

Objection was made to the complaint under rule 106 of the Rules of Civil Practice that it did not contain facts sufficient to constitute a cause of action. In the alternative to dismissal, defendant requested the relief that the complaint be made more definite and certain under rule 102 of the Rules of Civil Practice. The court at Special Term declined to dismiss the complaint or direct that it be made more definite and certain.

The action arises out of a contract which contains the following clause:

“ Sixth. In the event that the party of the second part shall remain in the employ…