Kawalis v. Kawalis

The defendant challenges the legal sufficiency of plaintiff’s complaint.

According to the complaint, the parties since on or about July 28, 1933, have been and are tenants by the entirety of certain improved real property; that between January 1, 1942, and up to the date of the complaint the defendant has been in possession and control of the ground floor of the premises and has committed the following acts of waste: (a) neglect to take care of the pipes with the result that they became broken and burst, thereby depriving the entire building of running hot and cold water; (b) willful neglect…