Equitable Paper Bag Co. v. Consolidated Edison Co. of New York, Inc.

Defendant moves (1) under subdivision 1 of rule 107 of the Rules of Civil Practice to dismiss tbe complaint on tbe ground that the court does not have jurisdiction of the subject of the action and that it should decline such jurisdiction, (2) under subdivision 4 of rule 106 to dismiss the complaint on the ground that it fails to state facts sufficient to constitute a cause of action, (3) under rule 113 for summary judgment and (4) under section 192 of the Civil Practice Act and subdivision 2 of rule 102 to drop Roséis Realty Corp. as a party plaintiff on the ground of misjoinder.

The fact…