The appellants moved to dismiss the second amended complaint as a whole for insufficiency. We agree with Special Term that the pleading sufficiently alleges that the platform was an appurtenance. However, the pleading fails to state whether the assignment by Quaker and assumption of the lease by the assignee occurred before or after the alleged eviction. As the first cause of action would seem sufficient against the assignee in either of these events, the order appealed from...
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