Opinion
May 7, 1937.
Appeal from Supreme Court of New York County.
Charles E. Scribner of counsel [ Rabenold Scribner, attorneys], for the appellant.
Albert Stickney of counsel [ Francis S. Bensel and W. Frederick Knecht with him on the brief; Larkin, Rathbone Perry, attorneys], for the respondent.
Present — MARTIN, P.J., GLENNON, UNTERMYER, DORE and COHN, JJ.
The complaint states a sufficient cause of action at law though not in equity. Consequently, an answer having been interposed, the court should not have dismissed the complaint. ( Clark v. Levy, 130 App. Div. 389; Perrin v. Smith, 135 id. 127; Kraemer v. World Wide Trading Co., Inc., 195 id. 305.)
The order should be reversed, with twenty dollars costs and disbursements, and the motion denied.
Order unanimously reversed, with twenty dollars costs and disbursements, and motion denied.