Chotapeg, Inc. v. Bullowa

This is a motion pursuant to rule 106 of the Rules of Civil Practice, for an order dismissing the second amended complaint for failure to state a cause of action. It is alleged that in the year 1938 the defendant demolished or caused to be demolished her building, which adjoined that of the plaintiff, and that between the two buildings there was a party wall standing about one half thereof upon the premises of plaintiff and defendant. It is further averred that in that connection the defendant “ wrongfully and unlawfully failed, neglected, omitted and refused to bend over the anchors at the…