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MICHALSKY v. CITY OF NEW YORK

No. 124, Docket 28361.

324 F.2d 496 (1963)

Peter MICHALSKY, Plaintiff-Appellant, v. The CITY OF NEW YORK, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided November 19, 1963.

Attorney(s) appearing for the Case

Peter Michalsky, pro se.

Leo A. Larkin, Corp. Counsel, for appellee, Seymour B. Quel, New York City, of counsel.

Before SWAN, CLARK and MARSHALL, Circuit Judges.

PER CURIAM.

This appeal was taken on submission without argument. Defendant's motion to dismiss was made pursuant to Rule 12(b) (6) of the Rules of Civil Procedure on the ground that the complaint failed to state a claim upon which relief could be granted. The affidavit in support of the motion stated that the affiant "fails to understand the basis of the cause of action of the plaintiff" and further stated that the requirements...

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