Appellate Division of the Supreme Court of the State of New York December 8, 1941 (Paper v. Paper)

In a separation action, order denying defendant’s motion, under rules 106 and 280 of the Rules of Civil Practice, to dismiss the complaint for failure to state facts sufficient to constitute a cause of action, reversed on the law, without costs, and motion granted, without costs, with leave to serve a new complaint within ten days after the entry of the order hereon.