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DE TRAGLIA v. NATONAL BANK OF HOBART

281 A.D. 802 (1953)

Joseph A. De Traglia, Doing Business as Joseph Trill, Appellant, v. Natonal Bank of Hobart et al., Respondents, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

January 16, 1953.

Order affirmed, with $10 costs and disbursements.

WHEELER, J. (dissenting).

Although defendants-respondents' motion to dismiss the complaint was made upon affidavits, apparently under subdivision 4 of rule 107 of the Rules of Civil Practice, the order appealed from grants the motion on the sole ground that the complaint does not state facts sufficient to constitute a cause of action, necessarily under rule 106. Upon a motion under the latter rule...

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