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BENSON v. BRAUN

286 A.D. 1098 (1955)

Gertrude Benson, Respondent, v. Gaius A. Braun et al., Appellants, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 14, 1955.

Order, insofar as appealed from, affirmed, with $10 costs and disbursements.

The complaint is sufficient. (McClure v. Law, 161 N.Y. 78; Porter v. Healy, 244 Pa. 427; Perlman v. Feldmann, 219 F.2d 173.) Since the complaint contains two causes of action and the motion to dismiss was addressed to the complaint as a whole rather than to each cause of action, the motion was properly denied even if only one of the causes...

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