Bervy v. Hotaling

— Appeal from an order of the Supreme Court at Special Term (Conway, J.), entered December 2,1981 in Albany County, which denied defendant Crimmons’ motion to dismiss the complaint as against him for failure to state a cause of action. Plaintiff Serge A. Bervy, Jr., acquired title to a trailer park and subsequently notified defendant Hotaling, a month-to-month tenant, that she had 30 days to vacate the premises. She failed to comply and was served with a 24-hour notice to quit the premises. She retained defendant Crimmons, an attorney, and he obtained a temporary restraining order enjoining…