165 A.D. 406
Appellate Division of the Supreme Court of the State of New York
Decided December 31, 1914
Appellate Division of the Supreme Court of the State of New York · decided 1914-12-31
Appeal by the plaintiff, Blanche B. Neukirch, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 28th day of April, 1914, overruling her demurrer to the separate defense contained in the amended answer of the respondent, the issues arising on the demurrer having been brought on and tried as a contested motion.
Decided 1914-12-31
¶1I concur in the result, because I feel bound by the decisions of this court in this department on the question of pleading, *412but I wish at the same time to record the fact that I am not in sympathy with these decisions.
¶2Order reversed, with ten dollars costs and disbursements, and demurrer sustained, with ten dollars costs, with leave to respondent to amend on payment of costs in this court and in the court below.