GAFFNEY v. CITY OF SARATOGA SPRGS.


55 Misc.2d 603 (1967)

James B. Gaffney, Individually and as the Commissioner of Public Works of the City of Saratoga Springs, Plaintiff, v. City of Saratoga Springs et al., Defendants.

Supreme Court, Special Term, Saratoga County.

December 26, 1967


Attorney(s) appearing for the Case

David A. Wait, City Attorney, for defendants. Keniry & Keniry for plaintiff.


MICHAEL E. SWEENEY, J.

This is a motion to dismiss the plaintiff's complaint on the grounds that it does not state a cause of action, and secondly, that the plaintiff does not have a legal right to bring the action.

With neither of these contentions do I agree. As to the first ground, under our law, the plaintiff is entitled to every reasonable inference and the rules as to the sufficiency of complaints...

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