Appellate Division of the Supreme Court of the State of New York October 30, 1925 (Merchants Loan & Investment Corp. v. Abramson)

Finch, J.:

This appeal brings up for determination a single question of law, namely, whether the complaint states a cause of action. This question is presented by the plaintiff’s motion for judgment on the pleadings.

Although affidavits are in the record, the court must determine this motion solely upon the pleadings, since the motion was made under rule 112 of the Rules of Civil Practice.