Poulos v. City of New York

Motion by defendants Cavanagh’s Enterprises, Inc., and John J. Cavanagh, pursuant to rule 106 of the Rules of Civil Practice, to dismiss the second cause of action brought against them is granted, with leave to replead.

*500The complaint, as it relates to movants, seeks recovery of damages for personal injuries sustained by reason of the alleged negligence of these defendants in permitting the roadway in front of their premises to be dug, resulting in an unguarded trench into which the plaintiff, a pedestrian, fell.

It appears that this accident occurred on the roadway in a public street and that…