Torre v. Torre

Defendant moves pursuant to rule 106 of the Rules of Civil Practice to dismiss the second and third causes of action for legal insufficiency. The action is to have a deed set aside on the ground it was obtained by fraud and for an accounting.

In these two causes plaintiff sets out that she was the fee owner of the property; that she was physically and mentally ill and unable to read, write or speak English and, due to her condition, was unable to attend to her personal care; that the defendant, her son, offered to make provision for her care and maintenance; that there is on record a…