Delmar v. Kinderhook Knitting Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Kinderhook Knitting Company, from an order of the Supreme Court, made at the Mew York Special Term and entered in the office of the clerk of the county of Mew York on the 2d day of July, 1909, granting the plaintiff’s motion for judgment on the pleadings.
1Per curiam
The motion below was not to overrule the demurrer as frivolous, but was for judgment on the pleadings under section 547 of the. Code of Civil Procedure, the grounds of the motion being, jvrs% that the demurrer was frivolous, and, secondly, that the plaintiff was entitled to judgment upon the pleadings as they stood. ITpon such a motion the time-honored rule that a pleading will not be stricken out as frivolous if it requires argument to demonstrate that it is frivolous does not apply. As we tliink that the complaint clearly states a cause of action, the order was proper and should be…
2Cited by5 opinions
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