BATOR v. BARRY


282 A.D. 324 (1953)

Joseph Bator, as Administrator of The Estate of Victoria Pohorseky, Deceased, Respondent, v. E. Arthur Barry, Doing Business as Cobblestone Hotel, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 8, 1953.


Attorney(s) appearing for the Case

Albert V. Moore for respondent.

Robert K. Murray and Frank W. Baker for appellant.

All concur. Present — TAYLOR, P. J., McCURN, VAUGHAN, PIPER and WHEELER, JJ.


TAYLOR, P. J.

This is an appeal by defendant from an order of Special Term of the Supreme Court, Onondaga County, which denied defendant's motions for dismissal of the complaint under rule 107 and for judgment on the pleadings under rule 112 of the Rules of Civil Practice and denied other and alternative relief.

The complaint alleges in substance that plaintiff's intestate, while lawfully operating an...

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