Sutton Factors Corp. v. Singer

Pursuant to rule 112 of the Buies of Civil Practice, defendants move for judgment on the pleadings dismissing the second cause of action set forth in the amended complaint herein on the ground that it fails to state facts sufficient to constitute a cause of action, and granting judgment in favor of the defendants dismissing said second cause of action.

Plaintiff cross-moves, under rule 109 of the Buies of Civil Practice, for an order striking out the defendants’ first affirmative defense to the plaintiff’s second cause of action.

The amended complaint in this action sets forth what purports to…