Garrity v. Garrity

The plaintiff, Patricia J. Garrity, filed a twenty two page complaint, with 107 separately numbered paragraphs containing a variety of allegations 1 against her husband, Robert K. Garrity, as to his conduct both as an individual and as president of P.J. and R.K. Garrity, Inc. 2 The defendant filed a motion to dismiss for lack of subject matter jurisdiction, Mass. R. Civ. P. 12 (b) (1), 365 Mass. 754 (1974), and for failure to state a claim on which relief can be granted, 3 Mass. R. Civ. P. 12 (b) (6), 365 Mass. 754 (1974). In his motion, the defendant asserted that the doctrine of…