Westerman v. Westerman (1 A.D.2d 892, 1956)

Appeal from an order denying appellants’ motion to dismiss the amended complaint pursuant to subdivision 4 of rule 106 of the Rules of Civil Practice. Order reversed, with $10 costs and disbursements, and motion granted. There is no present necessity for a declaratory judgment in an action to uphold an inchoate right of dower. (Buffington v. Mayper, 235 App. Div. 866.) Nolan, P. J., Wenzel, Beldock, Murphy and Ughetta, JJ., concur.