Order [denying motion to dismiss complaint] unanimously reversed, with $20 costs and disbursements to the appellant, and the motion granted, and judgment is directed to be entered in favor of the defendant dismissing the complaint herein, with costs.
The mere allegation in the complaint of a mistake upon the part of plaintiff in not demanding arbitration of the rent, as allowed by the lease, is not sufficient to enlist equity in plaintiff's behalf. Nor is any forfeiture...
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