DOLMAN v. UNITED STATES TRUST CO. OF NEW YORK


206 Misc. 929 (1954)

Robert Dolman, Plaintiff, v. United States Trust Company of New York, as Trustee under The Will of Eugene Higgins, Deceased, Defendant.

Supreme Court, Special Term, New York County.

October 18, 1954.


Attorney(s) appearing for the Case

Charles F. Houghton for defendant.

Joseph Calderon and Howard Schwartzberg for plaintiff.


MATTHEW M. LEVY, J.

This is a motion by the defendant to dismiss the complaint pursuant to rule 106 of the Rules of Civil Practice, upon the ground that it does not state facts sufficient to constitute a cause of action. The complaint is short and simple.

The defendant, owner of certain property, leased it to the plaintiff for a term of years. The lease contained the customary covenant of quiet enjoyment...

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