Gutner v. Success Magazine Corp.

George H. Taylor, Jr., J.

Considering upon this motion, which is for judgment upon the pleadings upon the sole ground that the complaint does not state facts sufficient to constitute a cause of action, the pleadings, as well as the plaintiff’s bill of particulars (Maxherman Co., Inc. v. Alper, 210 App. Div. 389), we must take as facts (a) that the contract between the plaintiff’s assignor and the corporate defendant was made on December 9, 1924 ■— the assignor’s original proposal being dated November 7, 1924— and that the term during which the agreed services of the assignor relating to the…