Hudson Avenue Drive-In Inc. v. M & L Amusement Corp.

This is a motion by the defendant to dismiss both causes of action in the complaint on the ground that they fail to state facts sufficient to constitute a cause of action (Rules Civ Prac., rule 106), or, failing that, for an order requiring an amendment of the second cause making it more definite and certain (rule 102).

On December 7, 1954 the plaintiff’s predecessor leased to the defendant’s predecessor the so-called “ North Park Drive-in ” theatre for a term of 10 years, and the provisions of the lease continue to govern the rights and obligations of the parties herein.

The plaintiff…