Defendant moves for an order dismissing plaintiff's complaint pursuant to CPLR 3211 (subd. [a]) on the ground that it fails to state a cause of action.
The plaintiff operated an automobile repair garage and a welding shop at 151 Porter Street, Fredonia, New York. He owned a portable welder and on February 3, 1961 he was called to the home of one Donna Moore situate on McAllister Road, in the Town of Pomfret, New York, for the...
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