Imperatrice v. Imperatrice
298 N.Y. 549 | NY | 1948
Since the first cause of action, sounding in equity, is valid and since defendants' motion under rule 106 of the Rules of Civil Practice seeks dismissal of the entire complaint, the motion was properly denied. (See Advance Music Corp. v. American TobaccoCo.,
The order should be affirmed, with costs. The question certified should be answered in the affirmative.
LOUGHRAN, Ch. J., LEWIS, DESMOND, THACHER, DYE and FULD, JJ., concur; CONWAY, J., taking no part.
Order affirmed, etc.