Alberts v. Remington Rand, Inc.

The authorities relied upon by the plaintiff in support of his contention that the present motion for judgment on the pleadings dismissing the second cause of action is not timely are inapplicable here. They apply only to motions for judgment on the pleadings addressed by a plaintiff to the sufficiency of defenses- and counterclaims. The distinction is pointed out by Mr. Justice Page, writing for the Appellate Division in this department, in Koppel Industrial C. & E. Co. v. Portalis & Co., Ltd. (205 App. Div. 144). The court there held that a motion for judgment on the pleadings dismissing…