Weinbaum v. Algonquin Gas Transmission Co.

Plaintiff appeals from an order insofar as it grants the motion of defendant Tulsa Williams Company to dismiss the amended complaint as to said defendant on the ground that said complaint does not state facts sufficient to constitute a cause of action. Order, insofar as appealed from, affirmed, with $10 costs and disbursements. No opinion. Nolan, P. J., MacCrate and Schmidt, JJ., concur; Wenzel and Beldock, JJ., dissent and vote to reverse the order and to deny the motion to dismiss the amended complaint, with the following memorandum: On April 7, 1952, defendant Algonquin Gas Transmission…