Rosenzweig v. Schmitt

The motion of the defendant Schmitt to dismiss the complaint was predicated upon such pleading, the answer and *132admissions contained in plaintiff’s bill of particulars. It is well settled that admissions contained in a bill of particulars may be considered on a motion for judgment on the pleadings and that upon such a motion “ the court may consider whatever might properly be considered on a motion for judgment at the opening of the trial.” (Civ. Prac. Act, § 476; Dineen v. May, 149 App. Div. 469.) It is also the rule that a bill of particulars may be considered as part of a pleading and that…