POULOS v. CITY OF NEW YORK


19 Misc.2d 499 (1959)

John G. Poulos, Plaintiff, v. City of New York et al., Defendants.

Supreme Court, Special Term, New York County.

August 5, 1959.


Attorney(s) appearing for the Case

Emanuel Morgenbesser and James Rosthal for Cavanagh's Enterprises, Inc., defendant.

Hovell, Clarkson, Klupt & Schrank (Herbert Schrank and Douglas H. Krieger of counsel), for plaintiff.


CHARLES A. LORETO, J.

Motion by defendants Cavanagh's Enterprises, Inc., and John J. Cavanagh, pursuant to rule 106 of the Rules of Civil Practice, to dismiss the second cause of action brought against them is granted, with leave to replead.

The complaint, as it relates to movants, seeks recovery of damages for personal injuries sustained by reason of the alleged negligence of these defendants in permitting...

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