COSTLOW v. CUSIMANO


34 A.D.2d 196 (1970)

Robert P. Costlow et al., Respondents, v. Frederick Cusimano, Jr., et al., Appellants

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

May 14, 1970.


Attorney(s) appearing for the Case

Gerace & Lodestro (Joseph Gerace of counsel), for Frederick Cusimano, Jr., appellant.

Johnson, Peterson, Tener & Anderson (William C. Arrison and Bruce K. Carpenter of counsel), for Trend Radio, Inc., appellant.

Harris, Beach & Wilcox (Thomas M. Hampson of counsel), for respondents.

GOLDMAN, P. J., MARSH, WITMER, MOULE and HENRY, JJ., concur.


Per Curiam.

Defendants appeal from an order which denied their motions to dismiss the complaint for failure to state a cause of action.

Because of the procedural context of the case, the facts alleged in the complaint must be taken as established. Plaintiffs, residents of Jamestown, were the parents of two children. On June 2, 1964, these children, Robert age three, and Marion age two, died by suffocation when...

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