Cohen v. Jonathan Levi Co.

After service of the complaint, defendant moved for dismissal upon the ground that the complaint did not state a cause of action. That motion was denied by Justice Rogers.* On appeal, such denial was sustained and leave to appeal to the Court of Appeals was denied. The answer was then interposed, and the present motion involves the question of whether the answer raises an issue of fact.

The action is founded on a lease by which the plaintiff demised certain premises on Erie boulevard in the city of Schenectady to the defendant for a term of five years and six months, expiring April 30, 1931,…