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ATKINSON v. VILL. OF OSSINING

32 Misc.2d 856 (1961)

Richard F. Atkinson, Plaintiff, v. Village of Ossining et al., Defendants.

Supreme Court, Westchester County.

September 27, 1961

Attorney(s) appearing for the Case

Warren W. Wells for plaintiff. Braham, Koehler & Garvin for defendants.

FRANK S. McCULLOUGH, J.

This is a motion by the defendants to dismiss the complaint pursuant to rule 106 of the Rules of Civil Practice on the ground that the complaint fails to state facts sufficient to constitute a cause of action.

The complaint alleges that the plaintiff sustained injuries when he stepped upon a manhole cover in the Village of Ossining and that the cover gave way causing the plaintiff...

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