Albarello v. Meier

This is a motion to dismiss the complaint pursuant to subdivision 6 of rule 107 of the Rules of Civil Practice on the grounds that the complaint or demand set forth in the complaint has been released. The facts as alleged by the plaintiff in the answering affidavits are summarized as follows:

The plaintiff was returning home in a taxicab from the hospital after visiting her husband who had undergone an ulcer operation. She states that suddenly, while the taxi was at a standstill, the automobile of the defendant struck the front of the taxi, and she sustained personal injuries. An ambulance was…