People v. Penn Central Co.

Memorandum by the Court.

Appeal by the defendant from an order of the Supreme Court at Special Term, entered in Albany County on July 31, 1969, which denied its motion for dismissal of the complaint for failure to state a cause of action. It should be noted at the outset that a motion to dismiss a complaint for failure to plead sufficient facts to constitute a cause of action does not invoke a responsibility of the court to decide that the plaintiff is or is not entitled to judgment. The question is whether or not the petition or complaint is sufficient so that if all the facts therein are…