¶1Appeal by defendants from an order denying their motion to dismiss the complaint for failure to state facts sufficient to constitute a cause of action. Order affirmed, with ten dollars costs and disbursements, with leave to defendants to answer within ten days from the entry of the order hereon. (MacKinnon Pen Co. v. Fountain Ink Co., 16 Jones & Sp. 442, appeal dismissed, 93 N. Y. 658; Beal v. Chase, 31 Mich. 490.) Close, P. J., Hagarty, Carswell, Johnston and Aldrich,. JJ., concur.
268 A.D. 1007
Rosenthal v. Dicker
Appellate Division of the Supreme Court of the State of New York
Decided December 18, 1944
Appellate Division of the Supreme Court of the State of New York · decided 1944-12-18
Relies on Beal v. Chase · Brownell v. . National Bank of Gloversville
Decided 1944-12-18