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McCULLOUGH v. NAT'L DAIRY PRODS.

12 Misc.2d 778 (1958)

Winifred McCullough, as Administratrix of The Estate of Thomas McCullough, Plaintiff, v. National Dairy Products Corp., Defendant.

Supreme Court, Special Term, Erie County.

August 28, 1958.

Attorney(s) appearing for the Case

J. Edmund de Castro, Jr., for defendant.

Charles J. McDonough for plaintiff.

MICHAEL CATALANO, J.

Defendant moves for an order "pursuant to Rule 106 of the Rules of Civil Practice dismissing the second cause of action of the complaint herein on the ground that it appears on the face thereof that the complaint does not state facts sufficient to constitute a cause of action."

The second cause of action alleges statutory negligence within the meaning of the Labor Law. It states...

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