Musco v. Pares

Order dismissing the amended complaint for insufficiency unanimously affirmed, with $10 costs and disbursements. The motion which resulted in the order appealed from was apparently made pursuant to subdivision 4 of rule 106 of the Rules of Civil Practice. It was made, not only on the pleading attacked, but also on the original complaint, which had previously been dismissed, the papers submitted on the previous motion, and the decision of the Special Term therein. The order appealed from similarly recites that it is made on the amended complaint, and also on the previous papers and…