OUTWATER v. MILLER


3 Misc.2d 47 (1956)

Robert Outwater, an Infant, by His Guardian ad Litem, Lillian Outwater, et al., Plaintiffs, v. Fred W. Miller, Doing Business as Miller Cycle Co., et al., Defendants.

Supreme Court, Special Term, Nassau County.

May 3, 1956.


Attorney(s) appearing for the Case

Irving C. Rosenkrantz for plaintiffs.

Weisman, Celler, Allan, Spett & Sheinberg for Progressive Cycle & Auto Supply Co., Inc., defendant.

Katz, Wittenberg & Katz for Andrew Fisher Cycle Co., Inc., defendant.


HOWARD T. HOGAN, J.

This is a motion pursuant to rule 113 of the Rules of Civil Practice brought by the third-named defendant (Andrew Fisher Cycle Co., Inc.) directing judgment dismissing the first and third causes of action insofar as these are directed against said defendant. This motion rests upon the pleadings and admission before the court. It is this defendant's contention that there is no issue of fact...

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