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FICHTNER v. TOWN OF BABYLON

24 Misc.2d 56 (1960)

Ella Fichtner, an Infant, by Her Guardian ad Litem, Henry C. Fichtner et al., Plaintiffs, v. Town of Babylon et al., Defendants.

Supreme Court, Special Term, Nassau County.

August 4, 1960.

Attorney(s) appearing for the Case

James A. McKaigney for Town of Babylon, defendant. Hartsell, Harrington & Jacobs for Certified Cement Co., Inc., defendant. Rivkin & Leff for plaintiff.

MARIO PITTONI, J.

The defendant town moves, pursuant to subdivision 4 of rule 106 of the Rules of Civil Practice, to dismiss the complaint for failure to state a cause of action.

The infant plaintiff claims to have sustained personal injuries when she fell September 24, 1958 on a sidewalk in the Village of Amityville, Town of Babylon.

The motion by the defendant town attacks the complaint for...

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