Rodriguez v. Village of Ossining

Motion by defendant for an order pursuant to the provisions of subdivision 4 of rule 106 of the Rules of Civil Practice, dismissing the complaint upon the ground that it does not set forth facts sufficient to constitute a cause of action, is denied.

In the complaint, infant plaintiff seeks to recover damages on account of an injury he sustained while “walking on the stairway more fully described in numbered paragraph ‘ third ’ he was caused to sustain severe and serious personal injuries ”.

The defendant in its memorandum in support of the motion, cites section 341-a of the Village Law of the…