Garden City Country Club, Inc. v. Aldworth

This is a motion to dismiss the complaint as insufficient in law under rule 106 of the Buies of Civil Practice and for judgment on the pleadings under rule 112 of the Buies of Civil Practice.

Since the defect relied on appears in the complaint itself and the new matter alleged in the answer is deemed denied, the latter motion would appear to add nothing to the former.

The complaint herein seeks a declaratory judgment to the effect that certain debenture bonds held by the defendants, which were issued by plaintiff’s predecessor in title, but whose assets and liabilities the plaintiff has…