Bitzick Bros. v. Dessart

Order granting motion to dismiss complaint as to defendant Rosenstein, and judgment entered thereon, reversed upon the law and the facts, with costs, and motion denied, with ten dollars costs, upon the ground that the complaint is sufficient upon its face. Whether Rosenstein’s title was in fact paramount is a question of fact to be determined upon the trial, upon the evidence adduced under the pleadings. Lazansky, P. J., Rich, Kapper, Seeger and Carswell, JJ., concur.