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THOMPSON v. GALAXY ENTERPRISES, INC.

No. 75 Civ. 2175 (CMM).

414 F.Supp. 198 (1976)

Lori THOMPSON, an infant by her father, Barry Thompson, and Barry Thompson, Individually, Plaintiffs, v. GALAXY ENTERPRISES, INC. and Robert Schnitzer, Defendants.

United States District Court, S. D. New York.

March 10, 1976.

Attorney(s) appearing for the Case

Harry H. Lipsig, New York City, for plaintiffs; Steven L. Hess, New York City, of counsel.

Rothblatt, Rothblatt, Seijas & Peskin, New York City, for defendants; Stephan H. Peskin, New York City, of counsel.

METZNER, District Judge:

Plaintiffs move for summary judgment against defendant Robert Schnitzer. They also move to strike the affirmative defense of defendant Galaxy Enterprises, Inc. (Galaxy) that the complaint be dismissed for failure to state a claim upon which relief may be granted. Defendant Galaxy cross moves for summary judgment contending that there is no question of fact as to its vicarious liability for the...

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