Winter v. American Aniline Products, Inc.

Page, J.:

The motion was made under rule 112 of the Rules of Civil Practice. The learned judge at Special Term held that the defendant could not make a motion for judgment against itself. Rule 112 is section 547 of the Code of Civil Procedure, with the words “"and without regard to which party makes the motion ” added thereto. The purpose of this addition to the rules was to do away with the necessity of a second motion, where one party moved for judgment; as for instance, the plaintiff moved for judgment on the pleadings against the defendant, and it was evident that the complaint was…