Pfleuger v. Pfleuger

In this action — whereby the plaintiff seeks damages from the defendants for wrongfully causing the death of her intestate which occurred in Pennsylvania and is alleged to have been due to an automobile accident in that State — the complaint does not specify the Pennsylvania statute upon which the plaintiff bases her right of action. At Special Term — where the omission of such specification was the sole basis for the defendants’ motion for dismissal of the complaint under subdivision 5 of rule 106 of the Rules of Civil Practice — the motion was denied. At the Appellate Division the order of…