CITIZENS UTILS. CO. v. AM. LOCOMOTIVE CO.


15 A.D.2d 473 (1961)

Citizens Utilities Company, Appellant-Respondent, v. American Locomotive Company, Respondent-Appellant

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

December 19, 1961


Per Curiam.

We agree with the disposition made by Special Term as to eight of the nine causes of action pleaded. The exception, the fifth cause of action, was found to be valid and the motion to dismiss was denied as to it. It is our opinion that no cause of action is alleged, and while some facts are stated from which it may be deduced that a cause of action might be alleged, at the least a new pleading is required. To explain this position it is necessary...

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