Siembab v. Siembab

This motion is for an order dismissing the complaint on the grounds that it fails to state facts sufficient to constitute a cause of action (Rules Civ. Prac., rule 112).

Affidavits submitted by plaintiff on behalf of Anna Siembab and Doctor Bryla cannot be considered. The courts have held that where the motion is made under this rule, the motion is to be determined solely on the pleadings. (Arverne Bay Constr. Co. v. Thatcher, 250 App. Div. 482; Welch v. City of Niagara Falls, 210 App. Div. 170.)

The question of insurance cannot be considered. As the affidavit of Anna Siembab goes out, any…