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BERDIEFF v. ARGULE

26 Misc.2d 142 (1960)

Nickolas Berdieff, an Infant, by His Guardian ad Litem, Caroline Berdieff, et al., Plaintiffs, v. Seymour Argule et al., Doing Business under the Name of Ben Kaplan Paints, et al., Defendants.

Supreme Court, Special Term, Nassau County.

October 6, 1960

Attorney(s) appearing for the Case

Rivkin & Leff (Leonard Rivkin of counsel), for plaintiffs.

Jones, Lynch & Soupios (Stephen O'Leary of counsel), for Ben Kaplan Paints, defendant. Joseph A. Owens and John W. Walsh for Ben Kaplan, defendant. Koss & Fox (Frank Hughes of counsel), for Edna Gutt and others, defendants.

BERNARD S. MEYER, J.

This is an action for personal injuries suffered by an infant plaintiff, Nickolas Berdieff, and for expenses and loss of services by his mother, Caroline Berdieff. The answer admits that defendants Seymour Argule, Jerome Gutt and Max Kaplan (hereafter referred to as the "store tenants") do business under the firm name of Ben Kaplan Paints. It is stipulated that they were in possession and...

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