Fox v. Mission of Immaculate Virgin

This is a motion to dismiss the complaint pursuant to subdivision 4 of rule 106 of the Rules of Civil Practice, upon the ground that the complaint does not state facts sufficient to constitute a cause of action.

The complaint sets forth two causes of action, one on behalf of the infant plaintiff to recover damages for personal injuries allegedly sustained by the infant when he fell through an alleged unscreened and unguarded window in the dormitory of defendant’s premises, and the other by the infant plaintiff’s mother to recover for loss of services and medical expenses.

“ Generally speaking,”…