Grierson v. Wagar

Plaintiff has moved, pursuant to CPLR 3211 (subd. [a], par. 7), for a judgment dismissing the *480counterclaim of the defendant upon the ground that it fails to state facts sufficient to constitute a cause of action. The action is one in negligence for damages for the conscious pain and suffering and the wrongful death of the above-named decedent as a result of an automobile accident between a vehicle owned by the plaintiff executrix and operated by said decedent and a vehicle operated by defendant. Defendant’s answer contained a counterclaim against the plaintiff executrix in her individual…