Rabinowitz v. Cee Bee Oil Co.

Motion by defendant, pursuant to rule 112 of the Rules of Civil Practice and section 476 of the Civil Practice Act, for judgment on the pleadings, dismissing the complaint, on the ground that it fails to state a cause of action, and for other relief.

Both sides have submitted affidavits. Such affidavits may not be considered, on a motion, under rule 112, and under section 476 of the Civil Practice Act, (except for the limited purpose indicated in the decisions herein cited). Furthermore, considération thereunder is limited to the pleading under attack (the complaint herein), which is assumed…