Ferguson v. Green Island Contracting Corp.

Herlihy, P. J. (dissenting).

For the purposes of this appeal from the order which dismissed Air 'Cushion’s cause of action solely upon the ground that the facts alleged in the complaint *361did not constitute a legally cognizable cause of action, the facts in the second cause of action of the complaint are undisputed and are partially as follows:

thirteenth : Plaintiff Air Cushion Vehicles, Inc. repeats and realleges each and every allegation contained in paragraphs “First” through “Eighth” and “Tenth” of this complaint. first ¡ #

second : * * *

third : At all times mentioned, defendant Rensselaer…