St. Regis Paper Co. v. Hano

The defendant Harrisville File Folder Corporation in motion No. 1 asks for a dismissal of the complaint upon the ground that it appears upon its face that the complaint fails to state facts sufficient to constitute a cause of action. It served its answer at the time it served the notice of motion herein.

The plaintiff contends that the service of the answer constitutes an abandonment of the motion under section 282 of the Civil Practice Act, and moves for a dismissal.

The defendant in its notice of motion states that the motion is made upon the pleadings and argues' that it is proper under…