National Recovery Systems v. Mazzei

OPINION OF THE COURT

Eli Wager, J.

This motion to dismiss the complaint is denied.

Rudolph L. Mazzei, the defendant in this action to recover $12,500 allegedly lent him in 1977 by the plaintiff’s assignor, moves to dismiss the complaint on the ground that the court lacks subject matter jurisdiction and that the complaint fails to state a cause of action. Defendant alleges in his affidavit — in conclusory fashion — that the money was advanced to him by the MGM Grand Hotel in Las Vegas, Nevada (plaintiff’s assignor) exclusively “for the purpose of casino gambling” and may thus not be recovered in…