Clayton v. Monaco

Motion by defendant, Grand Union Company, to dismiss the complaint against it for failure to state a cause of action.

The plaintiff was injured in a parking lot of a shopping center in Flushing, New York. The initial injury was received when plaintiff’s car and a vehicle operated by the defendant Monaco were in collision, and the subsequent injury when the plaintiff got out of his car and was struck by the same vehicle. The defendant, Grand Union Co., operates one of the stores in the shopping area.

The complaint must be sustained if it states in some recognizable form a cause of action known…