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LIBERTELLA v. MAENZA

21 Misc.2d 317 (1959)

Joseph Libertella, as Administrator of The Estate of Grace Libertella, Deceased, et al., Plaintiffs, v. Carmen Maenza et al., Defendants.

Supreme Court, Westchester County.

August 24, 1959.

Attorney(s) appearing for the Case

Benjamin I. Taylor, Town Attorney (James J. McMahan of counsel), for Town of Harrison, defendant.

Kahn, Riley & Boeggeman (John E. Boeggeman and Richard J. Rubin of counsel), for plaintiffs.

ARTHUR D. BRENNAN, J.

This is a motion by the defendant, Town of Harrison, to dismiss the complaint for legal insufficiency.

While the complaint is inartistically drawn in some respects, this court construes the causes of action as seeking to recover damages for personal injuries and deaths which occurred as the result of an accident on November 16, 1957 when an automobile operated by the male defendant left the highway and struck a tree. Insofar...

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