City Trust Co. v. Anthony Picci Realty Co.

This is a motion by plaintiff for summary judgment. Submitted with the papers is an affidavit in support of the motion and one by defendants in opposition. The motion is hybrid. It asks for judgment on the pleadings under rule 112 of the Rules of Civil Practice, which precludes consideration of affidavits; in the alternative that the answer be stricken out and for summary judgment under rule 113; and in the further alternative for partial *129judgment under rule 114, both of which latter rules peimit consideration of affidavits. The complaint sets forth two causes of action. In the first…