Mermell v. Town of Rhinebeck

Defendant, the Town of Rhinebeck, moves pursuant to rule 106 of the Rules of Civil Practice to dismiss the complaint on the ground that it appears on the face thereof that it does not state facts Sufficient to constitute a cause of action.

The complaint alleges that in attempting to land his airplane at a commercial airfield maintained by the individual defendant the plaintiff collided with a power roller owned by the Town of Rhinebeck which had been placed upon the airfield by the agents, servants and employees of the said town. That by reason of the knowledge on the part of the town that the…