CURRY v. MEIER


15 Misc.2d 418 (1958)

Edward Curry et al., Plaintiffs, v. Allen Meier et al., Defendants.

Supreme Court, Special Term, Kings County.

July 30, 1958.


Attorney(s) appearing for the Case

Alexander, Ash & Schwartz for McDonald Trucking Co., Inc., defendant.

Walter J. Boyles for plaintiffs.


LOUIS L. FRIEDMAN, J.

Defendant McDonald Trucking Co., Inc., moves for an order dismissing the complaint herein on the ground that it fails to state facts sufficient to constitute a cause of action.

The principal objection to the complaint stems from the fact that paragraph Tenth thereof merely alleges, "That while said motor truck was being operated as aforesaid, defendant, Meier, negligently and carelessly caused and/or permitted the same to...

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