1010 Third Avenue Realty Corp. v. Leo-Ad Realty Corp.

This is a motion by a defendant to dismiss the complaint for alleged insufficiency on its face (Rules Civ. Prac., rule 106, snbd. 4). On such an application, the pleading only is before the court, and the extrinsic facts set forth in the respective memoranda of counsel must be ignored.

The complaint alleges in substance that: In 1944 the corporate defendant leased an entire building from the plaintiff’s predecessor in title. The lessee entered into possession and now occupies as a statutory tenant for commercial and business purposes, permitting use by the individual defendants for residential…