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WALKER v. HOT SHOPPES OF N. Y.

21 Misc.2d 103 (1960)

Frederick Walker, an Infant, by Irene Walker, His Guardian ad Litem, Plaintiff, v. Hot Shoppes of New York, Inc. et al., Defendants.

County Court, Civil Term, Albany County.

March 1, 1960.

Attorney(s) appearing for the Case

Evariste G. Lavigne for plaintiff.

Maynard, O'Connor & Smith (Earl S. Jones, Jr., of counsel), for Hot Shoppes of New York, Inc., defendant.

Whalen, McNamee, Creble & Nichols (David S. Williams of counsel), for H. P. Hood & Sons, Inc., defendant.

MARTIN SCHENCK, J.

The infant plaintiff was driven to an outside food service station at the Hot Shoppes Restaurant. He sat in the front seat of an automobile owned and operated by a gentleman who was a coemployee and a friend of the infant's mother, a divorcee. The infant's mother was also in the front seat of the automobile. An employee of the restaurant came to the automobile and took an order for several...

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