LOONEY v. SMITH


198 Misc. 99 (1950)

Timothy Looney et al., Plaintiffs, v. Stanford Smith et al., Defendants.

Supreme Court, Special Term, Queens County.

March 30, 1950.


Attorney(s) appearing for the Case

Arthur I. Goldstein for defendants.

Jacob Beller for plaintiffs.


HALLINAN, J.

Motion to dismiss a second amended complaint on the grounds (1) that it is legally insufficient (Rules Civ. Prac., rule 106, subd. 5) and (2) that there is another action pending (Rules Civ. Prac., rule 107, subd. 4).

The gravamen of the complaint is that the defendant lessors of a one-family house fraudulently concealed a condition in the leased premises whereby a precipitation of rain in...

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