Dumas v. Prochazka

This is a motion to dismiss a complaint for insufficiency. The complaint alleges that the plaintiff, former tenant of the defendants, landlords, occupied an apartment in an apartment house owned by the defendants; that in May, 1947, upon a petition for summary proceedings instituted by the landlords in which they alleged that they desired plaintiff’s apartment -for their own use for dwelling purposes and after trial, the court entered a final order awarding them possession and directing that a warrant issue to remove the plaintiff; and that pursuant to the final order and warrant, the…