Cohen v. Ratinoff

Opinion

McCLOSKY, J.

Plaintiff Albert Cohen, doing business as Brentwood Carpet & Drapery, appeals from the judgment on the pleadings entered on July 8, 1982, wherein it was ordered that plaintiff take nothing on his complaint and that defendant Arthur S. Ratinoff recover his costs.

Contentions on Appeal

Plaintiff contends (1) that a motion by defendant for judgment on the pleadings should be denied where the complaint does not entirely omit an essential allegation to the statement of a cause of action and it does not appear from the face of the complaint or from judicially noticed matter that…