Schuster v. City of New York

The question presented to this court is whether or not plaintiff’s complaint states any cause of action cognizable in law which would warrant a recovery of damages against the City of New York. The defendant municipality contends that it does not and asks, therefore, that it be dismissed.

The complaint combines in one pleading four asserted causes of action. On familiar principles applicable to a motion such as this which seeks to deny a litigant the right to proceed to trial all of the facts which plaintiff asserts are to be assumed to be true. If he has presented even a single cause of…