Legal Opinion
City of Watertown v. Town of Watertown
New York Supreme Court
Decided February 16, 1952PublishedCited by 3 opinions
1Opinion of the CourtBastow, J.
The defendant moves to dismiss plaintiff’s amended complaint pursuant to rule 106 upon the ground that it appears on the face thereof that it does not state facts sufficient to constitute a cause of action. In such circumstances the allega*438tions of facts found in the complaint are treated as admitted by the defendant. (Kane v. Walsh, 295 N. Y. 198.) From those allegations it appears that on July 1, 1950, the plaintiff maintained a fire department, all of whose members were paid firemen, and owned a 1948 Seagrave, 1,000 gallon, triple combination pumper with a 150-gallon booster tank and other…
2Cases cited20 opinions
- Thompson-Starrett Co. v. Otis Elevator Co.New York Court of Appeals · 1936
- Kane v. WalshNew York Court of Appeals · 1946
- Burch v. . NewburyNew York Court of Appeals · 1852
- Leppard v. O'BrienAppellate Division of the Supreme Court of the State of New York · 1929
- Walsh v. Trustees of New York & Brooklyn BridgeNew York Court of Appeals · 1884
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3Cited by3 opinions
- Cuna v. Board of Fire CommissionersSupreme Court of New Jersey · 1964
- Anderson v. Port Washington Public Parking DistrictAppellate Division of the Supreme Court of the State of New York · 1956
- Cuna v. Board of Fire CommissionersSupreme Court of New Jersey · 1964