Sylvander v. Taber

Order reversed, without costs of this appeal to any party, and motion denied, without costs. Memorandum: Plaintiffs appeal from an order which granted defendants’ motion for a judgment dismissing the complaint under subdivision 4 of rule 106 of the Rules of Civil Practice. The complaint alleges nine causes of action and seeks declaratory relief pursuant to section 473 of the Civil Practice Act. Because of the nature of the relief sought we *988believe that judgment dismissing the complaint on the ground that it did not state facts sufficient to constitute a cause of action was improperly granted.…