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CITY OF WATERTOWN v. TOWN OF WATERTOWN

207 Misc. 433 (1952)

City of Watertown, Plaintiff, v. Town of Watertown, Defendant.

Supreme Court, Special Term, Jefferson County.

February 16, 1952.

Attorney(s) appearing for the Case

Dunk, Conboy, McKay & Bachman for defendant.

Kenneth W. Brett for plaintiff.

BASTOW, J.

The defendant moves to dismiss plaintiff's amended complaint pursuant to rule 106 upon the ground that it appears on the face thereof that it does not state facts sufficient to constitute a cause of action. In such circumstances the allegations of facts found in the complaint are treated as admitted by the defendant. (Kane v. Walsh, 295 N.Y. 198.)...

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