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CLAYTON v. MONACO

24 Misc.2d 27 (1960)

Samuel Clayton, Plaintiff, v. Alfonso Monaco et al., Defendants.

Supreme Court, Special Term, Queens County.

August 2, 1960.

Attorney(s) appearing for the Case

Marvin, Montfort, Healy & Cuff (E. Richard Rimmels, Jr., of counsel), for Grand Union Co., defendant. Crisona Brothers for plaintiff.

MARIO PITTONI, J.

Motion by defendant, Grand Union Company, to dismiss the complaint against it for failure to state a cause of action.

The plaintiff was injured in a parking lot of a shopping center in Flushing, New York. The initial injury was received when plaintiff's car and a vehicle operated by the defendant Monaco were in collision, and the subsequent injury when the plaintiff got out of his car and was struck by the same vehicle. The defendant...

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