Minnelli v. Marotta

Order reversed upon the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, with leave to plaintiff to plead anew within twenty days upon paying said costs. The plaintiff should state the facts on which is based the allegation that she was “ lawfully on the premises,” whether as a tenant, or a visitor, or in such manner as the fact may be. (See Fairchild v. Leo, 149 App. Div. 31.) Kelly, P. J., Rich, Manning, Young and Kapper, JJ., concur.