Opinion
June 14, 1943.
Order denying defendant's motion to dismiss the complaint, based only upon the ground that it fails to state facts sufficient to constitute a cause of action, affirmed, with ten dollars costs and disbursements. When a motion is made to dismiss on the ground stated, it must fail if the facts stated in the complaint are sufficient to constitute any cause of action. ( Abbey v. Wheeler, 170 N.Y. 122; Wainwright Page v. Burr McAuley, 272 N.Y. 130.) In our opinion, the pleading states a good cause of action at law. Close, P.J., Hagarty, Carswell, Johnston and Lewis, JJ., concur.