Brozyna v. Andreski

This is an appeal from a judgment of the Supreme Court, Schenectady County, which granted the plaintiff’s motion for judgment on the pleadings. The action is one for the balance due on the sale by the plaintiff of certain merchandise to the defendant. The complaint in this action was originally served in October, 1956. An answer and a demand for a bill of particulars were served in November, 1956. At a pretrial conference in September, 1957 the complaint was with*602drawn and thereafter an amended complaint was served on the defendant. Attached to this amended complaint was a schedule under…