Majority
p. 1108Kate Irvin DAVIS, Appellant, v. Felix IS-MAN, Respondent. (Supreme Court, Appellate Division, First Department, June 30, 1916.)
Headnote
Appeal from Special Term, New York County. Action by Kate Irvin Davis against Felix Is-man. From on order granting defendant’s motion sustaining a demurrer to the complaint, plaintiff appeals. Order reversed, and motion denied, with leave to withdraw demurrer and answer, on payment of costs; in default thereof, judgment directed for plaintiff.We are of opinion that each count in the complaint states facts sufficient to constitute a cause of action. The order appealed from is therefore reversed, with $10 costs and disbursements, and the motion denied, with $10 costs, with leave to the defendant to withdraw the demurrer and to answer within 10 days on payment of such costs; in default thereof, the plaintiff to have the relief demanded in the complaint. Order filed.