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Hagarty v. Moyka

152 N.Y.S. 1115 Court N.Y. App. Div. Decision date 1915-04-01 English

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p. 1115
HAGARTY, Respondent, v. MOYKA et al., Appellants.
(Supreme Court, Appellate Division, Second Department.
April 1, 1915.)

Headnote

Action by Helen Josephine Hagarty against John Moyka and another.

Without expressing an opinion as to whether the complaint states a cause of action, we are of opinion that the answer puts in issue the allegations of the complaint, and it cannot be regarded as frivolous. The order is therefore reversed, with $10 costs and disbursements, and the motion denied, with $10 costs.