Hearn v. Leary

Herrick, J.:

This motion is made under rule 112 of the Rules of Civil Practice for judgment on the pleadings, it being the contention of the defendants that the amended complaint does not state facts sufficient to constitute a cause of action. Under this rule the motion must be determined solely upon the pleadings. (Welch v. City of Niagara Falls, 210 App. Div. 170.) The court is not called upon to decide whether the plaintiff will ultimately succeed on the trial on a motion of this character, but must take the plaintiff’s story of his grievance as alleged in his pleading and taking the facts…