The complaint sufficiently sets out such a cause of action for equitable relief as has been approved both by this court and by the Court of Appeals in Quaid v. Ratkowsky (183 App. Div. 428; affd., 224 N. Y. 624).
The order should be reversed, with twenty dollars costs and disbursements, and the motion denied, with ten dollars costs.
Order affirmed, with twenty dollars costs and disbursements.