Gladding v. Pugach

In a negligence action, the defendant appeals from an order of the Supreme Court, Westchester County, dated January 17, 1963, which denied his motion to dismiss the complaint on the ground that it *1097appears on its. face that it does not state facts sufficient to constitute a cause qf action (Rules Civ. Prac., rule 106, subd. 4). Order affirmed, with $10 costs and disbursements. While neither the bill of particulars served after answer nor the examination before trial may be considered on this motion, it is our opinion that the allegations of the complaint itself are sufficient to state a cause…