Spitzer v. Spitzer 274 A.D. 1007

In an action for a declaratory judgment as to the plaintiff’s marital status, etc., order granting motion, under subdivision 5 of rule 106 of Rules of Civil Practice, to dismiss the amended complaint, and granting leave to plead over, affirmed, without costs. Plaintiff’s time to plead over is extended until ten days after the entry of the order hereon. No opinion. Carswell, Acting P. J., Johnston, Adel, Sneed and Wenzel, JJ., concur.