Corporation of Frederick Scholes v. Theodore Ficke Warehouses, Inc.

Kelly, P. J.:

The plaintiff moved for judgment upon the pleadings under the Rules of Civil Practice, rules 112, 113 and 114, and defendant made a cross motion for similar relief. Both motions were denied by the Special Term. On November 1, 1922, an order was entered in the office of the clerk denying both motions, but containing no statement that it was granted or entered on motion of either the attorney for the plaintiff or the attorney for defendant; nor is there anything in the printed papers to show that the order was entered by the plaintiff. On November 4, 1922, the attorney for the…