ROSE SCHRAGER v. FIFTH AVE. COACH LINES, INC.


6 Misc.2d 604 (1957)

Rose Schrager et al., Plaintiffs, v. Fifth Avenue Coach Lines, Inc., et al., Defendants.

Supreme Court, Special Term, New York County.

June 14, 1957.


Attorney(s) appearing for the Case

William T. Granfield for Milton Kurtz, defendant appearing specially.

Dorsey & Berko for plaintiffs.

William T. Granfield for Fifth Avenue Coach Lines, Inc., defendant.


EDGAR J. NATHAN, JR., J.

Defendant, Kurtz, moves to set aside service of process effectuated pursuant to sections 52 and 52-a of the Vehicle and Traffic Law, and to dismiss the complaint.

In the complaint plaintiff alleges in substance that Kurtz, the operator of a bus, stopped the vehicle on the highway and got out of the bus to chase unknown persons. As a result Kurtz collided with plaintiff causing...

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