Burns v. Rabinowitz

Order granting plaintiff’s motion for judgment on the pleadings, and judgment entered thereon, reversed upon the law and the facts, with costs to appellant to abide the event, and motion for judgment denied, with ten dollars costs, upon the ground that the answer sets forth an equitable defense which should be disposed of by trial and not by motion. Kelly, P. J., Young, Kapper, Lazansky and Hagarty, JJ., concur.