Economy Combustion Engineering Corp. v. Reo Operating Co.

Order modified by further granting motion of defendant Criterion Holding Co., Inc., to strike out the second cause of action, and as so modified affirmed, with twenty dollars costs and disbursements to the said defendant, on the ground that there is no allegation that there was sufficient money in said defendant’s hands as assignee of the rents to discharge all of the obligations to which the rents were applicable. Present — Finch, P. J., Merrell, Townley, Glennon and Untermyer, JJ.