Kellogg v. Commodore Hotel, Inc.

TMs is the.return of an order to show cause granted by Justice Henry J. Kimball, directing the plaintiff to show *321cause at a term of this court held in the village of Herkimer, as to why an order should not be granted dismissing a second alleged cause of action (Buies Civ. Prac., rule 106) “ and for such other and further relief ” as to the court may seem just and proper. After argument by respective counsel and submission of authorities, defendant’s counsel asked the court to consider the motion as also addressed to rule 103. Accordingly, the court granted both counsel additional time to…