Stumpp & Walter Co. v. Napanoch Country Club, Inc.

This is a motion by the defendant to dismiss the complaint for failure to state facts sufficient to constitute a cause of action.

The complaint is based upon section 44 of the Personal Property Law. Paragraph 5 alleges that prior to April 5, 1947, the defendant, Napanoch Country Club, Inc. was “ engaged in the business of operating a hotel, country store, and conducting a bar where liquor and other refreshments were served, and sold ”. Paragraph 6 alleges that on that day said defendant sold and delivered said business, good will and goods, wares and merchandise, fixtures, equipment and…