D. L. Stern Agency, Inc. v. Mutual Benefit Health & Accident Ass'n.

CONGER, District Judge,

Four motions have been made by the defendant: (1) to dismiss the complaint for failure to state a claim; (2) to strike certain matters from the complaint as redundant, etc.; (3) for a bill of particulars; (4) in the alternative to the bill, for leave to take the plaintiff’s deposition before answer.

Although originally addressed to the entire complaint, the motion to dismiss as to the corporate plaintiff has been withdrawn, and is asserted now only against the individual plaintiff.

Two causes of action are alleged in the complaint, the first on behalf of both plaintiffs…