Amchanitzky v. Carrougher

BYERS, District Judge.

This is a motion for judgment dismissing the plaintiff’s complaint (petition) under New York Rules of Civil Practice, rule 106, because (1) it appears from the face of the pleading that the court lacks jurisdiction of the subject-matter, and (2) that no cause of action is stated against the defendant.

The notice of motion asserts a special appearance for the purpose of the motion only.

In effect, the defendant offers what would have been called a demurrer under earlier practice, but why that must be poised upon a special appearance where lack of jurisdiction over the…