Levco Theatre Corp. v. Mandy Amusement Corp.

Appeal by one of three defendants, in an action for a declaratory judgment, from an order denying appellant’s motion to dismiss the complaint for insufficiency, or, in the alternative, to strike out certain paragraphs thereof as redundant. Order affirmed, with ten dollars costs and disbursements, with leave to appellant to answer within ten days from the entry of the order hereon. Plaintiff became the sublessee of a lease in which appellant was the original lessee. In a written agreement between plaintiff’s assignors and appellant antedating the sublease, for which agreement plaintiff paid a…