213 A.D. 846 | N.Y. App. Div. | 1925
Judgment and order affirmed, with costs. All concur. We are of the opinion that the complaint fails to state a cause of action and also that the Special Term might very properly have declined to assume jurisdiction on the authority of Tracy v. Coyle (121 Misc. 526). (See, also, Evans v. Appell, 211 App. Div. 105.) Present — Hubbs, P. J:, Clark, Sears, Crouch and Taylor, JJ.