Douglas v. Collins

Defendant moves to dismiss the complaint pursuant to rule 107, subdivision 9, of the Rules of Civil Practice. This rule and subdivision provide that when a defect does not appear on the face of the complaint the defendant on affidavits may move to dismiss on the ground “ that the cause of action did not accrue against the defendant because of his infancy or other disability.” Defendant’s claimed disability or immunity to suit is that he was a judge of the Court of General Sessions in the city and county of New York. No objection is made that defendant is improperly proceeding under this rule.

T…