Liebschutz v. Schaffer Stores Co.

This appeal is from an order denying defendant’s ' motion under rule 113 of the Buies of Civil Practice to dismiss the amended complaint on the ground that there is no merit to the action, and also denying a motion made hy the defendant under rule 112 for judgment on the pleadings. On an earlier appeal this court first reversed an order of *3the Special Term denying the motion to dismiss the original complaint and granted the motions (274 App. Div. 847). Upon a reargument the order insofar as it denied the defendant’s motion for summary judgment under rule 113 was affirmed and the order denying…