Catalano v. State

The defendant State of New York has moved for an order dismissing plaintiff’s complaint upon the grounds that: (1) The complaint does not state facts sufficient to constitute a cause of action; (2) The court has no jurisdiction of the subject matter of the action; and (3) There is another action pending between the same parties for the same cause.

From the plaintiff’s complaint it appears that on or about January 29, 1950, plaintiff’s tractor trailer truck, while proceeding westerly “ along old Boute #5 also known as State Highway 458 ”, was caused to overturn at a point where the said road…