NEISH v. DEERE CO.


118 Misc.2d 459 (1983)

David R. Neish, Plaintiff, v. John Deere Company et al., Defendants.

Supreme Court, Special Term, Tompkins County.

January 19, 1983


Attorney(s) appearing for the Case

Thomas Mead Santoro and Walter J. Relihan, Jr., for Cornell University, defendant. Neil F. Schreffler for plaintiff.


WILLIAM N. ELLISON, J.

Defendant Cornell University (Cornell) has moved for an order pursuant to CPLR 3211 (subd [a], pars 1, 2, 7) dismissing the above-entitled action upon the grounds that there exists a documentary defense, that the court lacks jurisdiction of the subject matter, and that the complaint fails to state a cause of action.

The action arises from injuries sustained by plaintiff on September 24, 1981, when a muffler on a farm tractor...

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