Appellate Division of the Supreme Court of New York, 1935

Moore v. United States Cremation Co.

Moore v. United States Cremation Co.
Appellate Division of the Supreme Court of New York · Decided December 15, 1935
246 A.D. 743
Moore v. United States Cremation Co.

Opinion of the Court

Action for a declaratory judgment. Order denying defendant’s motion to dismiss the complaint under rules 106 and 107 of the Rules of Civil Practice affirmed, with ten dollars costs and disbursements. A novel question is presented by the pleadings. We think the question should be presented on a record after trial, rather than by a motion. We hold that the plaintiff has a right to trial, expressing no opinion on the merits. The defendant may answer within ten days from the entry of the order herein. Lazansky, P. J., Young, Hagarty, Tompkins and Davis, JJ., concur. [See ante, p. 734.]

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