This is a motion by the defendant to dismiss the complaint for failure to state facts sufficient to constitute a cause of action.
The complaint is based upon section 44 of the Personal Property Law. Paragraph 5 alleges that prior to April 5, 1947, the defendant, Napanoch Country Club, Inc. was "engaged in the business of operating a hotel, country store, and conducting a bar where liquor and other refreshments were served, and sold...
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