Yaffe v. Glens Falls Indemnity Co.

The original complaint was demurred to and the demurrer was sustained. After amendment, it was again demurred to and again the demurrer was sustained. The plaintiff failed to plead further and judgment was given for the defendant, from which judgment this appeal is taken. The complaint as amended contained the following allegations: Dominick A. Fazzano mortgaged certain real estate to the plaintiff. The mortgage contained a provision that the grantee by his acceptance of the instrument agreed to permit the grantor to raze the building or buildings on the premises at any time during the life…