Carfizzi v. United Transportation Co. of Rhode Island

In an action to recover damages for the alleged breach of a contract of employment, the defendant appeals from an order of the Supreme Court, Kings County, dated May 17, 1963, which denied its motion, pursuant to the former Rules of Civil Practice (rule 106, subd. 4), to dismiss the complaint for failure to state facts sufficient to constitute a cause of action. Order reversed, without costs; motion granted; and complaint dismissed, without costs. Since a copy of the written agreement sued upon was annexed to the complaint, it is to the agreement and not to the construction placed thereon by…