Bruff v. Rochester Trust & Safe Deposit Co.

Stephens, J.:

Upon a motion made on behalf of the defendant at an earlier stage in this litigation, to dismiss the complaint upon the ground, among others, that it fails to state a cause of action, the application was denied and it was held that it appeared from the com*580plaint that the plaintiff had some interest in the fund in question, without deciding the extent of that interest. (118 Misc. 394.)

The facts, as stated in the former opinion, are substantially that Charles A. Bruff, the plaintiffs’ intestate, died January 7, 1920; the plaintiffs are the duly qualified administrators of his…