Libertella v. Maenza

In a negligence action against the Town of Harrison and against the owner and operator of a motor vehicle to recover damages for personal injuries and death resulting from the crash of an overcrowded open-convertible automobile into a tree, the plaintiffs appeal from an order of the Supreme Court, Westchester County, dated September 3, 1959, which granted the motion of the defendant Town of Harrison, pursuant to rule 106 of the Rules of Civil Practice, to dismiss the complaint as to the town on the ground that the complaint does not state facts sufficient to constitute a cause of action…