Hagarty v. Moyka

Without expressing an opinion as to whether the complaint states a cause of action, we are of opinion that the answer puts in issue the allegations of the complaint, and it cannot be regarded as frivolous. The order is, therefore, reversed, with ten dollars costs and dis*925bursements, and the motion denied, with ten dollars costs. Jenks, P. J., Thomas, Stapleton, Rich and Putnam, JJ., concurred.