Fey v. Wolf

In an action to recover damages for the death of plaintiff’s intestate allegedly caused by the wrongful act, neglect or default of defendant, order denying defendant’s motion to dismiss the complaint upon the ground that it does not state facts sufficient to constitute a cause of action reversed on the law, without costs, and motion granted, without costs, with leave to plaintiff to serve an amended complaint within twenty days from the entry of the order hereon. The complaint, as amplified by the bill of particulars, is insufficient. Taking its allegations at their face value, the defendant…