Bovin v. Galitzka

This is a cross-motion made by the defendant for judgment on the pleadings upon the ground that the complaint does not state facts sufficient to constitute a cause of action, in the light of the admission of the plaintiff that the lease between the parties annexed to the second separate defense in the answer is the one upon which the allegations in the complaint are based.

The first objection is that, the complaint having been held sufficient on a motion for an injunction, the granting of this motion is precluded. This objection is without merit, as the fact that the motion is sufficient, when…