Rose v. City of New Rochelle

This is an action by a property owner against the City of New Rochelle for declaratory judgment determining that a certain amendment to the city Zoning Ordinance is unconstitutional and void. The plaintiff moves under rule 109 of the Rules of Civil Practice to strike out a certain defense in defendant’s answer and also moves for judgment on the pleadings under rule 112. "Where a motion is made by plaintiff for judgment on the pleadings, it searches the record, and where, as here, the complaint is insufficient upon the face thereof, it is to be dismissed even though defendant has hot expressly…