SIEMBAB v. SIEMBAB


202 Misc. 1053 (1952)

Gary Siembab, an Infant, by Anna Siembab, His Guardian ad Litem, Plaintiff, v. Helen K. Siembab et al., Defendants.

Supreme Court, Special Term, Oneida County.

April 15, 1952.


Attorney(s) appearing for the Case

Bert B. Lockwood for defendants.

Henry J. Ziemba and Edward J. Fitzgerald for plaintiff.


SEARL, J.

This motion is for an order dismissing the complaint on the grounds that it fails to state facts sufficient to constitute a cause of action (Rules Civ. Prac., rule 112).

Affidavits submitted by plaintiff on behalf of Anna Siembab and Doctor Bryla cannot be considered. The courts have held that where the motion is made under this rule, the motion is to be determined solely on the pleadings....

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