Benjamin Moore & Co. v. Freedomland, Inc.

This is a motion pursuant to rule 106 of the Rules of Civil Practice to dismiss the complaint and each and every cause of action on the ground that it appears on the face thereof that the complaint and each and every cause of action fails to state facts sufficient to constitute a cause of action.

The complaint alleges:

“ That plaintiff, a manufacturer and national wholesale distributor of paints and related products, entered into a five-year lease under date of June 14, 1960 covering a particular portion of defendant’s ‘ Freedomland ’ premises on which plaintiff proposed to, and thereafter did,…