Bator v. Barry

This is an appeal by defendant from an order of Special Term of the Supreme Court, Onondaga County, which denied defendant’s motions for dismissal of the complaint under rule 107 and for judgment on the pleadings under rule 112 of the Rules of Civil Practice and denied other and alternative relief.

The complaint alleges in substance that plaintiff’s intestate, while lawfully operating an automobile on the Onondaga Lake Parkway on November 27, 1950, received great and serious external and internal injuries as a result of a collision between an automobile operated by her and one owned and…