Ekas v. City Cab Co. of Jamestown, New York, Inc.
New York Supreme Court
1Opinion of the CourtYandebmetjlen, J.
This is an action to recover damages for the wrongful death of plaintiff’s decedent. The complaint alleges that death occurred on March 8,1950, but. the affidavit submitted in connection -with the defendants ’ motion, sets forth the date of death as March 9,1950.
For the purposes of discussing the motion under consideration, I will accept the later date of death, namely: March 9,1950. One of the defendants, the City Cab Company of Jamestown, New York, Inc., makes a motion under rule 107 of the Eules of Civil Practice to dismiss the complaint on the ground that the cause of action alleged in…
2Cases cited5 opinions
- Sharrow v. . Inland Lines, Ltd.New York Court of Appeals · 1915
- Stutz v. Guardian Cab Corp.Appellate Division of the Supreme Court of the State of New York · 1947
- Benoit v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1904
- Cohen v. SteigmanAppellate Division of the Supreme Court of the State of New York · 1937
- Hendrickson v. CallanNew York Supreme Court · 1911
3Cited by3 opinions
- People v. Breckenridge, New York County Courts1959
- Claim of Aposporos v. City of PoughkeepsieNew York Supreme Court · 1962
- Claim of Kaplan v. City of New YorkNew York Supreme Court · 1958