Gibberman v. City of Long Beach ( 1940 )

Order denying appellant’s motion for judgment on the pleadings dismissing the complaint, on the ground that there is a material variance between the cause of action as set forth in the notice of claim and intention to sue and the cause of action pleaded in the complaint, affirmed, with ten dollars costs and disbursements. No opinion. Lazansky, P. J., Hagarty, Carswell, Johnston and Taylor, JJ., concur.