Legal Opinion
Diebler v. American Radiator & Standard Sanitary Corp.
New York Supreme Court
Decided October 19, 1949PublishedCited by 6 opinions
1Opinion of the CourtWechter, J.
This motion seeks dismissal of the complaint (a) On the ground it fails to state facts sufficient to constitute a cause of action, (b) On the further ground that the court has no jurisdiction over the subject of the action.
Plaintiffs’ father, while in the employ of the defendant and on June 1, 1948, was killed in the course of the employ, and it is the claim of the plaintiffs that thereafter his remains were mutilated to the extent that on demand of the plaintiffs therefor, there were delivered to them a portion of a forearm and a dark mass of sand purported to comprise a portion of the…
2Cases cited2 opinions
- Darcy v. . Presbyterian HospitalNew York Court of Appeals · 1911
- Finley v. . Atlantic Transport Co.New York Court of Appeals · 1917
3Cited by6 opinions
- Ferriter v. Daniel O'Connell's Sons, Inc.Massachusetts Supreme Judicial Court · 1980
- Corso v. Crawford Dog & Cat Hospital, Inc.Civil Court of the City of New York · 1979
- Cercelli v. WeinCivil Court of the City of New York · 1969
- Finn v. City of New YorkCivil Court of the City of New York · 1972
- Murphy v. New York State Thruway AuthorityNew York Court of Claims · 1960
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