HARTSHORNE, J.C.C. (temporarily assigned).
This cause arises on motion to dismiss the above action, upon affidavits and transcript of proceedings at the previous trial at which a mistrial was declared.
The complaint is in two counts, the first for an assault and battery upon plaintiff by defendant, the alleged facts amounting to criminal rape. The second count, as stated in the pretrial, is based on the allegation that "The defendant has refused to perform...
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