Cramer v. Niagara Mohawk Power Corp.
New York County Courts
1Opinion of the CourtMartin Schenck, J.
This is a motion to dismiss a complaint .under C'PLR 3211 (subd. [ia], par. 7) on the ground that it fails to state a canse of action. The complaint is detailed and specific. The question is not one of construing or interpreting the language of a complaint, but rather, whether it does set forth a cause of action.
The complaint contends (and the defendant does not deny) that during the midwinter of 1962 the defendant provided gas to fuel a stove, apparently the sole source of heat in an apartment rented by one King. The landlord of the defendant’s .customer was the plaintiff Myer Cramer. The…
2Cases cited3 opinions
- Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
- Fox v. . Warner-Quinlan Asphalt Co.New York Court of Appeals · 1912
- Parker v. Oswego Construction Co.New York Supreme Court · 1913
3Cited by4 opinions
- Employers Casualty Company v. MoystonNew Mexico Court of Appeals · 1969
- Velardi v. Consolidated Edison Co.New York Supreme Court · 1970
- Chase Wholesale Electric Inc. v. Parker Oil Co., Pennsylvania Court of Common Pleas, Monroe County1986
- Lanni v. Rochester Gas & Electric Corp.Rochester City Court · 1983