HAWKINS v. DEC-ART CO., INC.


12 A.D.2d 612 (1960)

Lee G. Hawkins, Respondent, v. Dec-Art Co., Inc., Appellant, et al., Defendant

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

December 20, 1960


Order entered May 5, 1960, denying defendant-appellant's motion to dismiss the complaint, reversed on the law, with $20 costs and disbursements to the appellant and motion to dismiss the complaint granted, with $10 costs.

The complaint in the original action and the basis on which that action was tried contemplated a recovery not only on common-law negligence but also on statutory grounds. The plaintiff in that complaint alleged that the inflammable and combustible...

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