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MANACHER v. CENT. COAL CO.

284 A.D. 380 (1954)

Alfred T. Manacher, Respondent, v. Central Coal Co., Inc., et al., Appellants, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, First Department.

June 21, 1954.

Attorney(s) appearing for the Case

Eli Whitney Debevoise of counsel (Abraham Wilson and Michael H. Goff with him on the brief; Kadel, Wilson & Potts, attorneys), for appellants.

Samuel Gottlieb of counsel (Harry Giesow with him on the brief; Gainsburg, Gottlieb, Levitan & Cole, attorneys), for respondent.

PECK, P. J., CALLAHAN and BREITEL, JJ., concur with BASTOW, J.; DORE, J., dissents and votes to affirm in opinion.

BASTOW, J.

All of the defendants named in this action, except the defendant, Milton D. Manacher, appeal from an order denying their motion to dismiss the amended complaint for failure to state facts sufficient to constitute a cause of action. The original complaint was dismissed upon a similar motion with leave to replead (Manacher v. Central Coal Co., 125 N.Y.S.2d 260). We conclude that the amended pleading...

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