Opinion
The opinion
Van Brunt, P. J. (dissenting) :
Under the provisions of the Code (§ 968), the plaintiff was clearly entitled to attempt to try this case as an action at law. If he could not establish any claim without equitable relief, his complaint should be dismissed. (Glenn v. Lancaster, 109 N. Y. 642 .)
Order affirmed, with ten dollars costs and disbursements.
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