New York Savings Bank v. Roth-Picket Realty Co.

We deem the complaint sufficient. (Bank of New York v. Blumenthal, 285 N. Y. 598 .) We do not pass upon plaintiff’s right to recover interest at the rate claimed. Order affirmed, with $20 costs and disbursements, with leave to the defendants7appellants to answer within ten days after service of order on payment of said costs. Present — Martin, P. J., Untermyer, Dore, Cohn and Callahan, JJ.; Dore, J., dissents and votes to reverse and grant the motion to dismiss. [See post, p. 841.]