Kaufman v. Farah

Doee, J. P.

(dissenting). In this third complaint brought by an attorney for services rendered to defendant’s wife, defendant has again moved to dismiss for insufficiency. The original complaint was dismissed for insufficiency by Special Term. The second complaint was dismissed for insufficiency by this court (Kaufman v. Farah, 276 App. Div. 178); the Court of Appeals modified (303 N. Y. 819) the judgment entered on the order but provided that plaintiff be permitted to plead over. The third complaint now before us is the repleading thus permitted.

*51Plaintiff seeks recovery for legal services…