Hansel v. Gian-Francheschi

This is a motion pursuant to rule 106 to dismiss the complaint against the defendant Sunset Lumber Company, Inc., upon the ground that it does not state facts sufficient to constitute a cause of action.

The complaint, in this personal injury action, alleges that the individual defendants are owners of property, purchased from defendant Sunset Lumber Company, located on the north side of West Main Street in the village of Ilion and immediately adjacent on the east to land owned and occupied by Sunset Lumber; that, at the time of the purchase, all of the defendants contemplated the- erection of…