100 Misc. 367 | N.Y. Sup. Ct. | 1917
The defendant Calestock demurs to the complaint upon the ground that it does not state facts sufficient to constitute a cause of action. The complaint alleges ownership in plaintiffs of certain residential properties in the borough of Manhattan known as Nos. 14, 24, 25, 27 and 29 East Eleventh street and No. 3 East Ninth street, and that the defendants' Park and Farmers’ Loan & Trust Company, as trustees, are the owners of premises known as No. 47 Fifth avenue, in .said borough, and that the ■ defendant Calestock is the lessee and occupant of said premises, who is conducting the business of a restaurant therein under the name of * ‘ Old Chelsea Restaurant, ’ ’ with the consent of the owners. The gravamen of the complaint is that on the 27th day of July, 1916,
Complaint dismissed.