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LEVIN v. GARY, INC.

32 Misc.2d 94 (1961)

Irene Levin et al., Plaintiffs, v. Fred Gary, Inc., et al., Defendants.

Supreme Court, Special Term, Nassau County.

October 25, 1961

Attorney(s) appearing for the Case

Jerome Scharoff for Incorporated Village of Great Neck Plaza, defendant. Sol Zepnick for plaintiffs.

MARIO PITTONI, J.

Motion for an order dismissing the complaint pursuant to subdivision 4 of rule 106 of the Rules of Civil Practice is denied.

On this motion to dismiss the complaint for legal insufficiency, the facts alleged must be deemed true. Paragraph 10 of the complaint states "That the defendants * * * caused and permitted ice and snow to be * * * carelessly swept and allowed to remain and accumulate in a rough, irregular and uneven...

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