Mitchell v. Dunmore Realty Co.

This is a motion by the defendant Murray for judgment on the pleadings dismissing the complaint upon the ground that it fails to state a cause of action against the defendant so moving. Whatever practice prior to September 1, 1908, may have been authorized by the decision (People v. Northern R. R. Co., 42 N. Y. 217; Ryan v. Train, 95 App. Div. 73), since that date section 547 of the Code of Civil Procedure has set any question at rest by expressly providing that “If either party is entitled to judgment upon the pleadings the court may, upon motion at any time after issue joined, give judgment…