Citation Codes Equivalent Citations citation codes Motions Motion to dismiss : Granted Defendant Attorney(S) Russell T. McHugh and Frederick N. Gaffney for appellant. Charles Haydon for respondent. See more information ... Smart Summary Please sign up to generate summary. MARIO TOLISANO, as Administrator of the Estate of SAMUEL TOLISANO, Deceased, Respondent, v. MEYER TEXON, Appellant. Order reversed, with costs, defendant's motion to dismiss the complaint granted and certified question answered in the negative for the reasons stated in the dissenting memorandum by Justice George Bundy Smith at the Appellate Division ( 144 A.D.2d 267, 269-273). Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA. Taking no part: Judge ALEXANDER.