Missir v. American Oriental Ice Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles J. Missir, from an order of the Supreme Court, made at the Kings .Special Term and entered in the office of the clerk of the county of Kings on the 25th day of April, 1922, granting defendants’ motion under section 476 of the Civil Practice Act for judgment on the pleadings, consisting of an amended complaint, answers of the several defendants, and plaintiff’s bill of particulars.
1Opinion of the Court
Young, J.:
This case was before this court on a former appeal from an order granting plaintiff’s motion for judgment on the pleadings with' leave to defendants to answer upon the usual terms. The decision affirming that order appears in 198 Appellate Division, 944. After that decision plaintiff served an amended complaint which, so far as the questions involved on this appeal are concerned, is substantially the same as the original complaint; defendants have served their answers and plaintiff has served a bill of particulars. The amended complaint alleges a contract by which certain shares of…
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