Ditmeyer v. New Dom Hotel Corp.

In an action to recover damages for personal injuries allegedly due to defective premises in the possession and control of the defendant, the plaintiff alleges in paragraph 1 of the complaint that on the date in question the defendant was the owner and in possession and control of the premises and then concludes with the allegation “and said Defendant had the duty of keeping said premises reasonably safe for persons lawfully using said hotel and in particular that portion of said hotel known as the lobby.” The defendant moves to expunge the quoted language because it is a statement of law and…