FROST v. FROST


15 Misc.2d 104 (1958)

Rita R. Frost, Plaintiff, v. James O. Frost, Defendant.

Supreme Court, Special Term, New York County.

November 18, 1958.


Attorney(s) appearing for the Case

Broderick, Galway & Vaccaro (Andrew V. Galway of counsel), for defendant.

Spar, Schlem & Burroughs (Charles Spar of counsel), for plaintiff.


OWEN McGIVERN, J.

The defendant moves pursuant to rule 106 of the Rules of Civil Practice for a dismissal of the second cause of action as set forth in an amended complaint on the ground that it does not state facts sufficient to constitute a cause of action.

This second cause of action is predicated on fraud because, allegedly, the defendant prior to the marriage represented that "he believed in planned...

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