120 Misc. 811 | N.Y. Sup. Ct. | 1923
Motion under rule 106 of the Rules of Civil Practice for judgment dismissing the complaint upon the ground that it appears upon the face of the complaint that it does not state facts sufficient to constitute a cause of action. The plaintiff seeks to recover back the sum of $2,000 paid on account of a contract to purchase real property from the defendant, the basis of the action being false representations made by defendant which induced plaintiff to enter into the contract annexed to the complaint.
Ordered accordingly.