Snyder v. Delmin Realty Corp.

The defendant, Incorporated Village of Hemp-stead, moves for an order pursuant to rule 106 of the Rules of Civil Practice, dismissing the complaint in this action as against such defendant on the ground that it appears on the face of the complaint that it does not state facts sufficient to constitute a cause of action.

The plaintiffs allege that the plaintiff, Mary Snyder, stepped into a hole in a sidewalk within the defendant village and was caused to fall by such defective condition as a result of which she suffered injuries. It is also alleged that the village had knowledge or with the…