Legal Opinion
Hugo v. Wade
New York Supreme Court
Decided March 25, 1957PublishedCited by 1 opinion
1Opinion of the CourtG-. Bobert Wither, J.
Defendants Wade have moved for an order (a) dismissing the second cause of action of the complaint herein for failure to state facts sufficient to constitute a cause of action in that plaintiff does not allege freedom from contributory negligence on the part of Ms testator, and (b) striking out allegations in paragraph 7 of the first cause of action that defendants’ conduct frightened plaintiff.
The second cause of action is brought under section 120 of the Decedent Estate Law to recover damages for the pain and suffering caused by defendants to plaintiff’s testator prior to his death. The…
2Cases cited20 opinions
- Mitchell v. . Rochester Railway Co.New York Court of Appeals · 1896
- People v. . Beakes Dairy Co.New York Court of Appeals · 1918
- Comstock v. WilsonNew York Court of Appeals · 1931
- Matter of Gianatasio v. KaplanNew York Court of Appeals · 1931
- Hansen v. City of New YorkNew York Court of Appeals · 1949
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3Cited by1 opinion
- Hempel v. American Airlines, Inc.New York Supreme Court · 1979