RODRIGUEZ v. VILL. OF OSSINING


29 Misc.2d 534 (1961)

Melvin Rodriguez, an Infant, by Esther Rodriguez, His Guardian ad Litem, Plaintiff, v. Village of Ossining, Defendant.

Supreme Court, Westchester County.

March 3, 1961


Attorney(s) appearing for the Case

Bown, Braham & Koehler for defendant. Michael E. Cannato for plaintiff.


HUGH S. COYLE, J.

Motion by defendant for an order pursuant to the provisions of subdivision 4 of rule 106 of the Rules of Civil Practice, dismissing the complaint upon the ground that it does not set forth facts sufficient to constitute a cause of action, is denied.

In the complaint, infant plaintiff seeks to recover damages on account of an injury he sustained while "walking on the stairway more fully described in numbered paragraph `THIRD'...

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