Perlov v. Loric Holding Corp.

Defendant moves to dismiss the complaint under rule 106 of the Rules of Civil Practice on the ground that it appears on the face thereof that the complaint does not state facts sufficient to constitute a cause of action.

The complaint alleges that plaintiff is now a month-to-month tenant in a six-story apartment dwelling; for a few years he had been a tenant under a written lease, which is not now before the court, though the terms of it may control the present relationship; that plaintiff purchased a television set and then placed an aerial on the roof of the building “ with the knowledge,…