Koppel Industrial Car & Equipment Co. v. Portalis & Co.

The amended complaint sets forth separately two distinct causes of action. The defendant has answered each with denials and pleaded several counterclaims thereto, to which a reply has been served. More than twenty days have elapsed since the service of the complaint. The defendant makes this motion for a judgment upon the pleadings of dismissal of the first cause of action upon the ground that the facts alleged do not constitute a cause of action. The plaintiff raises the objection that this motion is not authorized by the Rules of Practice. Such a motion cannot be made under the Code of…