251 A.D. 329 | N.Y. App. Div. | 1937
The appeal is from an order denying a motion to dismiss the complaint upon the ground that it appears on the face thereof that it does not state facts sufficient to constitute a cause of action.
When a criminal charge is sustained to the extent that a magistrate holds a defendant for the action of the grand jury, or a grand jury indicts, both of which elements were present in this case, in a
The order shorád be reversed on the law and the facts, with ten dollars costs and disbursements, and the motion to dismiss the complaint granted, with ten dollars costs, with leave to plaintiff to serve an amended complaint within ten days from the entry of the order hereon.
Hagarty, Davis, Johnston, Adel and Close, JJ., concur.
Order denying motion to dismiss the complaint reversed on the law and the facts, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, with leave to plaintiff to serve an amended complaint within ten days from the entry of the order hereon.