FOX v. GREENBERG


14 Misc.2d 120 (1958)

Ann M. Fox, as Administratrix of The Estate of Kathleen Fox, Deceased, et al., Plaintiffs, v. Max Greenberg et al., Defendants.

Supreme Court, Special Term, Bronx County.

September 19, 1958.


Attorney(s) appearing for the Case

Alexander Kosloff for Max Greenberg, defendant.

Harry Kraf for plaintiffs.


CHARLES A. LORETO, J.

Motion by one of the codefendants in a death action to vacate plaintiffs' demand that he particularize his affirmative defense of contributory negligence.

The said defendant is the owner of the vehicle involved in the accident, but he was not present when it occurred. It is his contention, based on the ruling in Egan v. Tishman & Sons (222 App. Div. 141) that in situations...

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