Milks v. McIver

This same complaint was before this court and the Court of Appeals on previous appeals from an order dismissing the complaint as to the defendant M. A. McIver. (See 147 Misc. 297; affd., 240 App. Div. 927; affd., 264 N. Y. 267.) The motion in that instance was made under rule 107 of the Rules of Civil *486Practice upon the complaint and affidavits, and the complaint was there dismissed as to the defendant Mclver upon the ground that the claim therein set forth had been released. The instant motion was made under rule 112 of the Rules of Civil Practice for judgment on the pleadings. As to the…