Opinion
March, 1925.
Present — Hubbs, P.J., Clark, Sears, Crouch and Taylor, JJ.
Judgment and order affirmed, with costs. All concur. We are of the opinion that the complaint fails to state a cause of action and also that the Special Term might very properly have declined to assume jurisdiction on the authority of Tracy v. Coyle ( 121 Misc. 526). (See, also, Evans v. Appell, 211 App. Div. 105.)