Cohen v. Swiller

In an action for malpractice against the

several defendants herein, defendant Grassheim moves, pursuant to rule 106 of the Eules of Civil Practice, for dismissal of the complaint on the ground of legal insufficiency. Paragraphs 10 and 12 respectively, of the complaint, which are speeificially under attack on this motion as insufficiently alleging negligence, charge in substance that defendants “ failed to exercise the knowledge, skill and diligence” which “they should have possessed ” in performing the operation upon plaintiff and that said defendants failed to “properly perform their duties…