LIPSMAN v. WARREN


17 Misc.2d 807 (1959)

Stephen Lipsman, an Infant, by Abe Lipsman, His Guardian ad Litem, et al., Plaintiffs, v. Marlene R. Warren et al., Defendants. Marlene R. Warren et al., Third-Party Plaintiffs, v. Ace Motors Flatbush Corporation, Third-Party Defendant.

Supreme Court, Special Term, Kings County.

April 10, 1959.


Attorney(s) appearing for the Case

John C. O'Connor for third-party defendant.

Emile Z. Berman and A. Harold Frost for third-party plaintiffs.


JACOB J. SCHWARTZWALD, J.

The third-party defendant herein moves to dismiss the third-party complaint and cross claim over on the ground that they fail to state facts sufficient to constitute a cause of action or, in the alternative, for summary judgment based upon a notice to admit. The third-party plaintiffs cross-move for leave to extend their time to admit or deny the items in the notice to admit served upon them.

Plaintiffs sued defendants...

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