New York Supreme Court May 13, 1941 (Hall v. Crailo Sweets, Inc.)

Smith, J.

From the notice of motion served herein, it is difficult to determine under what specific provisions of the Civil Practice Act defendants seek relief. Defendants argue in their memorandum that they are moving pursuant to the provisions of section 271 *121of the Civil Practice Act, but later submit arguments based upon the proposition that they seek merely the right to .