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MENDOLA v. CARBORUNDUM COMPANY

No. 11.

26 F.Supp. 359 (1938)

MENDOLA v. CARBORUNDUM COMPANY.

District Court, W. D. New York.

December 20, 1938.

Attorney(s) appearing for the Case

William L. Clay, of Rochester, N. Y., for plaintiff.

Harold J. Adams, of Buffalo, N. Y., for defendant.

KNIGHT, District Judge.

The complaint herein contains two alleged causes of action; one based upon violation of the Labor Law of the State of New York (Consol.Laws, c. 31), and the other upon negligence. The defendant now moves to dismiss the second cause of action upon the ground that it is barred by the Statute of Limitations, Civil Practice Act, § 49, subd. 6, and it also moves to require the plaintiff to make the complaint more definite in certain respects...

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