Sheppard v. Coopers' Inc.

Defendant moves for dismissal of the second amended complaint, pursuant to subdivision 5 of rule 107 or pursuant to subdivision 4 of rule 106 of the Eules of Civil Practice or upon the ground that it fails to comply with the provisions and conditions contained in prior orders.

This action was commenced on April 5, 1956. In the original complaint the plaintiff stated three causes: in conspiracy, prima facie tort and gross negligence. In the first amended complaint two causes were set forth: in gross negligence and prima facie tort. As to each such pleading, defendant moved for dismissal upon…