Opinion
January 19, 1950.
Present — Peck, P.J., Glennon, Callahan, Van Voorhis and Shientag, JJ. [See ante, p. 78.]
Motion for leave to appeal to the Court of Appeals or for reargument denied, with $10 costs. Respondents' complaints in these actions, which they brought in the Municipal Court of the City of New York, are patterned, as stated in their brief upon the appeal, after the complaints in Silva v. Bankers Commercial Corp. ( 163 F.2d 602), McInnes Co. v. Equitable Trust Co. ( 197 App. Div. 649) and other similar cases, which were held to be equitable in nature. The allegations in respondents' complaints purporting to state causes of action of other varieties were conclusory and insufficient in law. This is not a suitable action to be transferred to the Supreme Court under section 110 of the Civil Practice Act. Respondents can commence in the Supreme Court whatever action or actions the facts, if properly pleaded, may justify them in instituting.