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IAS BICOR CORP. v. MEZRAHI

22 A.D.2d 898 (1964)

Ias Bicor Corporation, Respondent, v. Samuel Mezrahi et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 14, 1964

Judgment and order reversed on the law, without costs, and plaintiff's motion denied.

It was error to treat this motion for judgment on the pleadings (former Rules Civ. Prac., rule 112), made in a pre-CPLR action, as one for summary judgment under CPLR 3212. The complaint was served pursuant to section 255-a of the former Civil Practice Act. A general denial of this complaint, absent any evidentiary showing, does not raise...

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