Atkinson v. Village of Ossining

This is a motion by the defendants to dismiss the complaint pursuant to rule 106 of the Rules of Civil Practice on the ground that the complaint fails to state facts sufficient to constitute a cause of action.

*857The complaint alleges that the plaintiff sustained injuries when he stepped upon a manhole cover in the Village of Ossining and that the cover gave way causing the plaintiff to fall into the manhole. The injuries are attributed by the plaintiff to the negligence of the Village of Ossining and its Superintendent of Highways.

The motion to dismiss is based on the conceded lack of written…