
    Arthur G. Meyer, Plaintiff, v. Ida McCord Meyer, Defendant.
    Supreme Court, New York County,
    October 14, 1927.
    Intoxicating liquors — action to recover possession of liquor — complaint insufficient for failure to allege plaintiff is legally entitled to possession under National Prohibition Act, § 33.
    The complaint in this action to recover the possession of liquor held by defendant does not allege facts demonstrating that plaintiff is legally entitled, under section 33 of the National Prohibition Act, to the possession of the liquor, and must be dismissed.
    Motion by the defendant to dismiss the complaint.
    
      Wellman, Smyth & Scofield, for the plaintiff, opposed.
    
      Hughes, Rounds, Schurman & Dwight, for the defendant, for the motion.
   Franicenthaler, J.

Motion to dismiss complaint is granted, without costs, with leave to serve an amended complaint within ten days. The complaint should affirmatively allege facts showing that plaintiff is legally entitled, under the National Prohibition Act; to the possession of the liquor for the detention of which this action is brought. (Lundy v. Orr, 205 App. Div. 296; Lennox v. Meehan, 121 Misc. 678, 680; Nat. Prohibition Act [41 U. S. Stat. at Large, 317, § 33; U. S. Code, tit. 27, § 50]; Gonch v. Republic Storage Co., Inc., 245 N. Y. 272.)  