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ROTTKAMP v. YOUNG

21 A.D.2d 373 (1964)

Joseph Rottkamp et al., Respondents, v. John C. Young et al., Appellants Louis Lambran et al., Respondents, v. John C. Young et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 15, 1964.

Attorney(s) appearing for the Case

John A. Morhous, Town Attorney (George B. Schneider of counsel), for appellants.

William J. White for Joseph Rottkamp and another, respondents.

Harry Rosenberg for Louis Lambran and another, respondents.

CHRIST and BRENNAN, JJ., concur with HOPKINS, J.; UGHETTA, Acting P. J., dissents and votes to affirm the order, in opinion in which HILL, J., concurs.

HOPKINS, J.

Since the defendants, by their motion under rule 112 of the former Rules of Civil Practice, challenge the sufficiency of the complaints in these consolidated actions, we accept the allegations of the complaints as true.

The pleadings in substance allege the following facts:

(1) On March 12, 1955, plaintiffs Rottkamp, as landlords, and plaintiffs Lambran and Smirles (together with Chris...

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