CIAVARELLA v. PEOPLE


32 Misc.2d 680 (1961)

Frank Ciavarella, on Behalf of Himself and on Behalf of All Others Similarly Situated and Entitled to Share in the Funds Received or to be Received Under a Contract for a Public Improvement, Plaintiff, v. The People of the State of New York et al., Defendants.

Supreme Court, Special Term, Albany County.

November 14, 1961


Attorney(s) appearing for the Case

Jacob I. Goodstein for Hartford Accident and Indemnity Company and others, defendants. Sharon J. Mauhs for plaintiff.


LOUIS G. BRUHN, J.

This is a motion on behalf of the defendants, Hartford Accident and Indemnity Company, Slattery Contracting Co., Inc., and Slattery Tunnel Corporation pursuant to rule 106 of the Rules of Civil Practice for an order dismissing the complaint herein on the grounds that the same does not state facts sufficient to constitute a cause of action.

While the instant complaint herein, dated July 19, 1961, contains an allegation under...

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