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SCHNEIBERG v. UTZ

8 Misc.2d 535 (1957)

Frank Schneiberg, Plaintiff, v. Eugene Utz et al., Defendants. Ruth Utz, Defendant and Third-Party Plaintiff, v. Eugene Utz, Third-Party Defendant.

Supreme Court, Special Term, Nassau County.

October 8, 1957.

Attorney(s) appearing for the Case

Samuel E. Swigget for third-party plaintiff.

Bernard R. Gostkowski for third-party defendant.

NICHOLAS M. PETTE, J.

This is an action brought to recover for personal injuries allegedly sustained by the plaintiff, Frank Schneiberg, while an invitee upon premises operated and controlled by defendants, Eugene Utz and Ruth Utz. Although both are named as defendants in the prime action, it seems that Ruth Utz was the only defendant served with process and that Eugene Utz has not appeared in that action nor...

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