14 How. Pr. 163 | The Superior Court of New York City | 1857
I am obliged, with some reluctance, to hold that the demurrer is well taken. The averment that the defendant was bound to repair is plainly insufficient. It is the averment of a conclusion of law, and no facts are stated from which the court can say that the obligation to repair resulted. The complaint, as I construe it, admits that the premises were occupied,
Judgment for defendant, unless plaintiff, within twenty days, serve an amended complaint, and pay costs of demurrer.