101 Misc. 724 | N.Y. Sup. Ct. | 1916
The defendant Automobile Club of America demurs to the plaintiff’s complaint for failure to allege a cause of action. For a first cause of action the complaint alleges that plaintiff’s assignor, the United States Leasing and Holding Company, is the lessee of certain lots of land, with the buildings thereon, known as Nos. 236 and 238 West Fifty-fifth street, in the borough of Manhattan; that under the lease the lessee was obliged to make all repairs to the inside of said buildings; that one Sarah J. Wyekoff Bent is the owner of the lot of land of the approximate width of twenty feet adjoining plaintiff’s leased premises on the westerly side thereof and known as 240 West Fifty-fifth street; that adjoining said last named premises on the westerly side thereof the defendant Automobile Club of America is the owner of certain lands upon which it caused excavations to be made to a depth of more than ten feet for the purpose of constructing a building thereon; that for the purpose of preserving and protecting the wall or walls of the building of said Bent, pursuant to a request made under section 22 of the Building Code of the city of New York, it entered upon the premises of said
Demurrer sustained.