Westerman v. Westerman — 1 A.D.2d 892

Majority

p. 892

Annie Westerman, Respondent, v. Charles Westerman et al., Defendants, and Michael Dietz et al., Appellants.

Appeal from an order denying appellants’ motion to dismiss the amended complaint pursuant to subdivision 4 of rule 106 of the Rules of Civil Practice. Order reversed, with $10 costs and disbursements, and motion granted. There is no present necessity for a declaratory judgment in an action to uphold an inchoate right of dower. (Buffington v. Mayper, 235 App. Div. 866 .) Nolan, P. J., Wenzel, Beldock, Murphy and Ughetta, JJ., concur.