Hartman v. City of New York

This is a motion on behalf of the defendant for an order dismissing the complaint under rule 106 of the Rules of Civil Practice on the ground that it appears on the face of the complaint that it fails to state facts sufficient to constitute a cause of action.

It appears that the plaintiffs filed a claim against the City of New York under section E4L44.0 of the Administrative Code of that city. Such claim was heard and determined by Commissioners of Appraisal who reported $12,000 indirect damage to real estate and a further sum of $4,000 for business damage.

The report of the Commissioners was…