Mallory Associates, Inc. v. Barving Realty Co.

Motion to dismiss amended complaint upon the ground that it does not state facts sufficient to constitute a cause of action.

A like motion to dismiss the original complaint was granted, with leave to serve an amended complaint (Mallory Associates v. Barving Realty Co., 193 Misc. 857).

The action is one in conversion to recover the sum of $65,000 deposited by the plaintiff, as tenant, with the corporate defendant, as landlord, under a written lease relating to real property *566situated in Norfolk, Virginia, said deposit being made as security for the full and faithful performance by the tenant of…