Lee v. Lee

The complaint contains two causes of action, one for annulment of the marriage between the parties, and the other for money damages. Both causes are predicated upon the alleged fraud and deceit of the defendant.

The defendant moves under rule 106 of the Rules of Civil Practice to dismiss the second cause of action, urging that until an annulment has been obtained the plaintiff has no right to claim damages.

Section 258 of the Civil Practice Act permits the pleading of equitable and legal causes in one complaint. Section 112-e permits the inclusion in one complaint of a cause of action for…