Paul J. Adamo v. P. G. Motor Freight

In our opinion, the cause of action in negligence is sufficient on its face (Court of Claims Act, § 8; Bernardine v. City of New York, 294 N. Y. 361; Holmes v. County of Erie, 266 App. Div. 220, affd. 291 N. Y. 798; Joy v. City of Jamestown, 207 Misc. 873, affd. 286 App. Div. 991; Lee v. Village of Sandy Hill, 40 N. Y. 442; De Wald v. Seidenberg, 297 N. Y. 335, 338). Hence, even if the cause of action under section 1848 be insufficient, the motion to dismiss must be denied, since it was addressed to the complaint as a whole insofar as it affects the