Matthews v. Schusheim

This is a motion by defendants Paul Wayne, Philip Hauben and Evelyn Hauben, to dismiss the complaint herein for insufficiency under rule 106 of the Buies of Civil Practice.

The complaint pleads three causes of action. The first is not against these defendants; but all the allegations constituting that cause of action are repeated in the second, which in substance seeks to recover from all the defendants damages for fraud. The third cause of action is in the nature of a creditor’s action.

The instant motion is based on the contention that the complaint is devoid of allegations of fact as against…