BERNHARD v. FAULDS


47 Misc.2d 286 (1965)

Robert J. Bernhard, Plaintiff, v. Alexander J. Faulds, Defendant.

Supreme Court, Monroe County.

August 3, 1965


Attorney(s) appearing for the Case

Chamberlain, D'Amanda, Bauman, Chatman & Oppenheimer for defendant. Elliott, Stern & Calabrese for plaintiff.


JACOB ARK, J.

This is a motion to dismiss the complaint pursuant to CPLR 3211 (subd. [a]) upon the ground that the court has no jurisdiction over the subject matter of the action. The cause of action is for injuries sustained by the plaintiff by reason of the negligence of the defendant, who at the time of the accident, which occurred on August 18, 1964, was operating a truck owned by the State of New York, with its permission and consent.

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