DIEBLER v. AM. RADIATOR & STD. SANITARY CORP.


196 Misc. 618 (1949)

Cleman Diebler et al., Plaintiffs, v. American Radiator & Standard Sanitary Corporation, Defendant.

Supreme Court, Special Term, Erie County.

October 19, 1949.


Attorney(s) appearing for the Case

Selby Smith for defendant.

John J. Sullivan for plaintiffs.


WECHTER, J.

This motion seeks dismissal of the complaint (a) On the ground it fails to state facts sufficient to constitute a cause of action, (b) On the further ground that the court has no jurisdiction over the subject of the action.

Plaintiffs' father, while in the employ of the defendant and on June 1, 1948, was killed in the course of the employ, and it is the claim of the plaintiffs that thereafter...

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