New York Supreme Court July 3, 1963 (Chiappinelli-Marx, Inc. v. Pacitto)

Frank S. McCullough, J.

This is a motion by the defendant for an order extending the time of the defendant herein to answer the complaint.

It appears that a motion was previously made by this defendant to dismiss the complaint on the ground that it does not state facts sufficient to constitute a cause of action. Said prior motion was denied.