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PANZARELLA v. N. Y. CENT. SYS.

27 Misc.2d 57 (1960)

Carl Panzarella, Plaintiff, v. New York Central System, Inc., Defendant.

Supreme Court, Erie County.

December 6, 1960

Attorney(s) appearing for the Case

Vaughan, Brown, Kelly, Turner & Symons for defendant. Lipsitz, Green, Fahringer & Flemming for plaintiff.

REGIS O'BRIEN, J.

The defendant seeks two orders in motions directed against the complaint. The first is "for an order dismissing the complaint * * * upon the ground that the action has no merit;" and the second is, "for an order pursuant to Rule 107 (1) * * * dismissing the complaint upon the ground that the court has no jurisdiction of the subject of the action".

The complaint alleges: that Panzarella...

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