Fusco v. Rothstein

Order of the Supreme Court, Kings County, dated November 16, 1965, affirmed, without costs. The action is to recover damages for personal injuries sustained by plaintiff when she fell on an allegedly broken and defective sidewalk adjacent to premises owned by defendant Rothstein in the City of Long Beach. The first cause of action is pleaded against defendant Rothstein and is not involved on this appeal. The second cause of action, pleaded against defendant city, has been dismissed on its motion pursuant to CPLR 3211, and the action severed, on the ground that said pleading fails to state a…