Order denying appellant's motion to dismiss the complaint pursuant to subdivision 5 of rule 106 of the Rules of Civil Practice, reversed on the law, with $10 costs and disbursements, and the motion granted, with $10 costs.
The complaint is unduly repetitious (Civ. Prac. Act, § 241); and it is impossible to determine therefrom whether plaintiff seeks the return of the consideration paid and damages upon a prior rescission of the contract, or seeks damages resulting...
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