Beha v. Gale

The original complaint was served January 4,1927. The defendant’s time to answer was extended to February 7, 1927, and on that date defendant moved for an order dismissing the complaint on the ground that the two separate causes of action set forth in the complaint did not state facts sufficient to constitute a cause of action. This motion was heard by me February 26, 1927, and on March fourth I signed an order denying the motion. The defendant appealed from this order to the Appellate Division where the order was affirmed and the defendant given leave to answer. (220 App. Div. 791.) The…