Metildi v. State

The Attorney-General has formally moved to dismiss the above-entitled claim on the ground that it does not state facts sufficient to constitute a cause of action. In considering the motion the facts pleaded in .the claim must be taken as true. They are, in substance, that on March 1, 1940, while claimant’s intestate, Theodore Metildi, was engaged in performing his duties as an employee of the Meyo Construction Company, Inc., on the Soppe Block located on Main street in Canandaigua, N. Y., one of the walls of the building caved in, whereby he sustained injuries which caused his death. The…