Kaplan v. Kaplan

In an action for specific performance of an agreement made by the deceased mother of the parties, which agreement was that the mother would make certain testamentary disposition of her property, and in which action plaintiff also seeks an accounting and an injunction, defendant appeals from an order denying his motion to dismiss the complaint on the ground that it does not state facts sufficient to *973constitute a cause of action. Order reversed, with $10 costs and disbursements, and motion granted, with $10 costs, with leave to plaintiff to serve an amended complaint within ten days after the…