RABINOWITZ v. CEE BEE OIL CO.


197 Misc. 600 (1949)

Hyman Rabinowitz et al., Plaintiffs, v. Cee Bee Oil Co., Inc., Defendant.

City Court of the City of New York, Special Term, Bronx County.

October 7, 1949.


Attorney(s) appearing for the Case

Monroe Goldwater and Leon Liner for defendant.

Irving C. Nachbar for plaintiffs.


BONEPARTH, J.

Motion by defendant, pursuant to rule 112 of the Rules of Civil Practice and section 476 of the Civil Practice Act, for judgment on the pleadings, dismissing the complaint, on the ground that it fails to state a cause of action, and for other relief.

Both sides have submitted affidavits. Such affidavits may not be considered, on a motion, under rule 112, and under section 476 of the Civil...

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