Long Building, Inc. v. Buffalo Anthracite Coal Co.

This is a motion by the defendant to dismiss the complaint upon the ground that it does not state facts sufficient to constitute a cause of action.

The gist of the complaint is that the defendant breached the covenant against subletting contained in the lease by subletting a portion thereof without the landlord’s consent; that as a result of such subletting the defendant collected substantial sums of money, the amount of which the plaintiff has no knowledge; that the plaintiff has no adequate remedy at law, and, therefore, demands judgment for an accounting for the sums of money received by…