WEINER v. A. E. OTTAVIANO, INC.


6 Misc.2d 974 (1957)

Henrietta Weiner et al., Plaintiffs, v. A. E. Ottaviano, Inc., Defendant and Third-Party Plaintiff. Peter Petrizzo et al., Third-Party Defendants.

Supreme Court, Special Term, Kings County.

March 22, 1957.


Attorney(s) appearing for the Case

Harry Lipsig for plaintiffs.

Rudser & Fitzmaurice for defendant and third-party plaintiff.

Evans, Orr, Gourlay & Pacelli for third-party defendants appearing specially.


JACOB J. SCHWARTZWALD, J.

Third-party defendants, nonresidents, appear specially and move to vacate service of the third-party summons and complaint effected upon them by substituted service pursuant to the provisions of section 52 of the Vehicle and Traffic Law, upon the grounds that the original complaint fails to allege a cause of action involving a motor vehicle and that the accident alleged in both the original complaint and the third-party complaint...

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