MURPHY v. TRANSP. VEHICLES


22 Misc.2d 966 (1959)

Laurence Murphy, Plaintiff, v. Transportation Vehicles, Inc., Defendant.

Supreme Court, Special Term, Kings County.

September 22, 1959.


Attorney(s) appearing for the Case

Henry Weinberger for defendant.

Shadlen & Lane for plaintiff.


MURRAY T. FEIDEN, J.

Defendant moves to dismiss the complaint for insufficiency, pursuant to subdivision 4 of rule 106 of the Rules of Civil Practice. Plaintiff alleges in substance that on April 26, 1955, while he was an employee of Gimbel Bros., Inc., he was riding in a vehicle which his employer had rented from defendant, the owner thereof. At the time of the accident the vehicle was being operated by a fellow employee of plaintiff.

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