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DANIELS v. CITY OF ALBANY

21 A.D.2d 920 (1964)

Jean H. Daniels as Committee of the Person and Property of George A. Daniels, an Incompetent Person, Respondent, v. City of Albany et al., Appellants. (Action No. 1.) Jean H. Daniels as Committee of the Person and Property of George A. Daniels, an Incompetent Person, Respondent, v. Ernest Hutson, Appellant. (Action No. 2.)

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

July 2, 1964

HERLIHY, J.

The first cause of action of plaintiff's amended complaint, captioned "Cause of Action in Nuisance" is actually a claim in nuisance growing out of negligence, as evidenced by Paragraph "8" therein and, at most, would only broaden the proof as to what might constitute a continuing act of negligence. Thus, the gravamen of the complaint, in its entirety, is the alleged negligent acts of the defendants which would be the sole basis for any recovery...

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