Hyman v. Cohoes Industrial Terminal, Inc.

This is a motion on behalf of the defendant, Yale Transport Corp., whom I shall refer to as Yale, for an order pursuant to rule 106 of the Buies of Civil Practice, dismissing the first cross complaint and the second cross complaint of the defendant, Cohoes Industrial Terminal, Inc., whom I shall refer to as Cohoes, on the grounds that it appears from the face thereof that neither complaint states facts sufficient to constitute a cause of action and that neither states *1035facts sufficient to constitute a claim pursuant to section 264 of the Civil Practice Act.

Such section provides in part: “…