Soraci v. Colonial Sand & Stone Co.

Motion is made to dismiss the complaint on the ground that the court has no jurisdiction of the subject of the action and the complaint does not state facts sufficient to constitute a cause of action. The complaint seeks to recover damages due to the negligence of plaintiff’s employer, whereby the plaintiff became partially disabled by reason of respiratory diseases and early silicosis due to the inhalation of various types of dust. The first cause of action is predicated upon negligence, and the second cause upon alleged violations of various sections of the Labor Law and rules promulgated…