Whitmier & Ferris Co. v. Bixby , 252 N.Y.S.2d 61 ( 1964 )

Judgment unanimously affirmed, with costs. Memorandum: The petition does not state facts sufficient to entitle appellant to the relief demanded therein and was properly dismissed. (Appeal from a judgment of Erie Special Term dismissing the petition.) Present — Bastow, J. P., Goldman, Henry, Noonan and Del Vecchio, JJ.