Legal Opinion

Cramer v. Niagara Mohawk Power Corp.

New York County Courts

Decided March 23, 1965PublishedCited by 4 opinions

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

  1. Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
  2. Fox v. . Warner-Quinlan Asphalt Co.New York Court of Appeals · 1912
  3. Parker v. Oswego Construction Co.New York Supreme Court · 1913

3Cited by4 opinions

  1. Employers Casualty Company v. MoystonNew Mexico Court of Appeals · 1969
  2. Velardi v. Consolidated Edison Co.New York Supreme Court · 1970
  3. Chase Wholesale Electric Inc. v. Parker Oil Co., Pennsylvania Court of Common Pleas, Monroe County1986
  4. Lanni v. Rochester Gas & Electric Corp.Rochester City Court · 1983

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