Jardine v. Village of Rockville Centre

Motion by defendant Eckhoff pursuant to subdivision 4 of rule 106 of the Rules of Civil Practice to dismiss the complaint as to him.

The plaintiff was injured in a fire and in her cause of action against the defendant Eckhoff, as owner of the premises, she sets forth that his agent, who was then present, knew she was in the building, failed to rescue her, failed to timely notify .the Fire Department of her presence and failed in his duty to take necessary steps for her safety. Plaintiff nowhere asserts that said defendant was responsible for the fire. She does assert that the premises was a…