Mallory Associates, Inc. v. Barving Realty Co.

Motion to dismiss complaint on the ground that it does not state facts sufficient to constitute a cause of action is granted. This is an action in conversion.

It is alleged plaintiff deposited the sum mentioned in the complaint as security for the faithful performance by plaintiff, as tenant, of its obligations under the lease, and that the defendants commingled said sum with their personal funds and wrongfully and unlawfully used and converted and appropriated the same.

The lease is not annexed to the complaint, nor are the provisions set forth concerning the deposit of the security, nor the…