Order denying the motion reversed on the law, with $10 costs and disbursements, and motion granted, without costs, on the ground that the complaint fails to allege facts establishing plaintiff's right to possession.
It is conceded that the action is in trespass and that possession is an essential element of the cause of action. The Special Term held that under the rule that a pleader is entitled to the favorable inferences of his pleading, the allegation, that the...
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