Appellate Division of the Supreme Court of the State of New York March 10, 1941 (Fradkin v. Prudential Insurance Co. of America)

In an action to recover upon a life insurance policy, order denying defendant’s motion, made pursuant to Civil Practice Rule 106, to dismiss the third amended complaint upon the ground that it fails to state facts sufficient to constitute a cause of action or, in the alternative, pursuant to Civil Practice Rule 103, to strike therefrom the allegations of paragraph “ Tenth ” thereof, affirmed,