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OQUENDO v. 15 W. 39TH ST.

9 Misc.2d 785 (1957)

Fernando Oquendo, an Infant, by Marie Oquendo, His Guardian ad Litem, Plaintiff, v. 15 West 39th Street, Inc., Defendant.

Supreme Court, Trial Term, Bronx County.

December 5, 1957.

Attorney(s) appearing for the Case

Abel Just for plaintiff.

Irving Segal and Sydney Rosansky for defendant.

MATTHEW M. LEVY, J.

During the latter part of 1955, the plaintiff in this negligence action was inducted into the United States Army. On June 6, 1956 the cause was marked off the nonjury day calendar, upon the presentation (as the clerk reports) of an affidavit of plaintiff's military service. On June 6, 1957 the complaint was dismissed pursuant to rule 302 of the Rules of Civil Practice. Plaintiff has recently...

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