Beck v. Minestrella

LIPEZ, Judge:

This is an appeal from an order sustaining a motion for judgment on the pleadings in favor of the defendants on the ground that the action was barred by the statute of limitations. We think the plaintiffs took the necessary steps to preserve their right of action and, therefore, reverse.

“Like all summary judgments entered without a trial judgment on the pleadings may be entered only in clear cases free from doubt where there are no issues of fact, and only where the cause is so clear that a trial would clearly be a fruitless exercise......The party moving for the judgment on the…