CRAMER v. NIAGARA MOHAWK POWER CORP.


45 Misc.2d 670 (1965)

Myer Cramer et al., Plaintiffs, v. Niagara Mohawk Power Corporation, Defendant.

County Court, Albany County.

March 23, 1965


Attorney(s) appearing for the Case

Harold H. White for defendant. Robert G. Hanlon for plaintiffs.


MARTIN SCHENCK, J.

This is a motion to dismiss a complaint under CPLR 3211 (subd. [a], par. 7) on the ground that it fails to state a cause of action. The complaint is detailed and specific. The question is not one of construing or interpreting the language of a complaint, but rather, whether it does set forth a cause of action.

The complaint contends (and the defendant does not deny) that during the midwinter of 1962 the defendant provided gas...

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