Opinion
October 10, 1949.
In an action under section 1444-a of the Civil Practice Act, to recover damages from a landlord who was an owner of the premises as a tenant in common with another person, and as to whom there is no allegation that he procured or participated in a fraudulent eviction of plaintiff, order of the City Court of Yonkers denying appellant's motion, under rule 106 of the Rules of Civil Practice, to dismiss the complaint as insufficient, reversed on the law, with $10 costs and disbursements, and the motion granted, without costs, with leave to respondent to serve a new complaint, if so advised, within twenty days from the entry of the order hereon. The complaint fails to state facts sufficient to constitute a cause of action against appellant. Nolan, P.J., Carswell, Adel, Sneed and Wenzel, JJ., concur.