¶1Judgment 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.
213 A.D. 846
Cody v. Neid
Appellate Division of the Supreme Court of the State of New York
Decided March 15, 1925
Appellate Division of the Supreme Court of the State of New York · decided 1925-03-15
Relies on Tracy v. Coyle
Decided 1925-03-15