Opinion
November 1, 1954.
In an action for a declaratory judgment and other relief, defendant appeals from an order denying its motion to dismiss the amended complaint for insufficiency under rule 106 of the Rules of Civil Practice, or in the alternative to strike out certain portions of said complaint as irrelevant and unnecessary. Order affirmed, with $10 costs and disbursements. No opinion. Nolan, P.J., Wenzel, MacCrate, Schmidt and Murphy, JJ., concur.