Keller v. Levy

It was improper, on a motion under rule 106 of ■ the Rules of Civil Practice for dismissal of the second cause of action of the complaint for insufficiency, to grant said motion: upon the stated ground that the complaint was unduly repetitious in violation of section 241 of the Civil Practice Act. Not only was the ground relied on for dismissal not invoked by the notice of motion, but the motion did not search the sufficiency of the complaint as a whole.

In any event, the second cause of action was not unduly repetí-' tious of the first cause of action. The gist of the first cause of action…