Berg v. City of Long Beach

Plaintiff Rheba Berg commenced an action against the defendants, City of Long Beach and Long Island Lighting Co., Inc., by summons and oral complaint to recover damages for personal injuries sustained by her and plaintiff, Melvin Berg, as the husband, in the same action seeks to recover for medical expenses, loss of services and of consortium.

*318The defendant, City of Long Beach, moves to dismiss the complaint pursuant to rule 106 of the Rules of Civil Practice on the ground that it appears on the face thereof that it does not state facts sufficient to constitute a cause of action.

As heretofore…