Oberfest v. 300 West End Ave. Associates Corp.

This is a motion by the defendant to dismiss the complaint, under subdivision 4 of rule 106 of the *964Buies of Civil Practice, on the ground that it does not state facts sufficient, to constitute a cause of action. The substance of the complaint follows:

The defendant is the owner of a building which was converted into a co-operative apartment house pursuant to an offering statement and plan of co-operative ownership (hereinafter sometimes called prospectus). The plaintiff is a tenant stockholder of the defendant and a lessee of an apartment under a proprietary lease with the defendant. The…