Manley v. County of Yates

It is difficult to determine the theory of action contained in the complaint, but we deem it to be essentially in negligence. However, there are no factual allegations supporting a claim of negligence. The plaintiff may be able to supply the deficiencies by amendment. (Appeal from order of Yates Special Term denying defendant’s motion for judgment on the pleadings under rule 112 of the Rules of Civil Practice.) Present—Williams, P. J., Goldman, Halpern, McClusky and Henry, JJ.