GRIEFER v. NEWMAN


22 A.D.2d 696 (1964)

Rubin Griefer, Appellant, v. Marvin Newman et al., Respondents

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

October 19, 1964


Order reversed, with $10 costs and disbursements, and motions to dismiss the complaint denied.

The time of the defendants to answer the complaint is extended until 30 days after entry of the order hereon. In our opinion, the first cause of action sufficiently pleads a cause of action to recover damages for breach of contract, and the second cause of action sufficiently pleads a cause of action to recover damages for fraud. Since the motions to dismiss for insufficiency were addressed to the complaint as a whole and not to each cause of action therein, the motions must be denied without considering the legal sufficiency of the third cause of action (Stoehrer v. Sattler, 18 A.D.2d 683).


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