Smith v. Avener

Order denying *762motion to dismiss complaint for insufficiency affirmed, with ten dollars costs and disbursements. The appealing defendant may answer within ten days from the entry of the order herein. We are of opinion that the facts should be elicited upon a trial before the questions of law involved are determined. Lazansky, P. J., Young, Kapper, Hagarty and Carswell, JJ., concur.