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DI MENNA & SONS, INC., v. CITY OF NEW YORK

301 N.Y. 118 (1950)

Nicholas Di Menna & Sons, Inc., Appellant, v. City of New York, Respondent, et al., Defendants.

Court of Appeals of the State of New York.

Decided June 1, 1950

Attorney(s) appearing for the Case

Emil V. Pilz for appellant.

John P. McGrath, Corporation Counsel (Andrew Bellanca and Seymour B. Quel of counsel), for respondent.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ., concur.

Per Curiam.

The judgment appealed from should be modified by reversing so much thereof as dismissed the second cause of action alleged in the complaint as against the defendant, City of New York, and as to such cause of action the motion for dismissal should be denied. The judgment appealed from is otherwise affirmed, with costs in this court to the plaintiff. We deem the allegations of the second cause sufficient....

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