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BERNSTEIN v. ALBANY GARAGE

21 Misc.2d 575 (1960)

Benjamin Bernstein, as Guardian ad Litem of Stephen Bernstein, an Infant, et al., Plaintiffs, v. Albany Garage, Inc. et al., Defendants. Albany Garage, Inc., Third-Party Plaintiff, v. Charles Averill, Third-Party Defendant.

City Court of Albany.

March 1, 1960.

Attorney(s) appearing for the Case

Sumberg, Leonard & Leone (F. Joseph Leone of counsel), for plaintiffs.

F. E. Lehner and Maynard, O'Connor & Smith (George S. Lettko of counsel), for defendant and third-party plaintiff.

Towner & Erway (William R. Crotty of counsel), for thirdparty defendant.

MICHAEL V. TEPEDINO, J.

This action, commenced on October 22, 1959 by Benjamin Bernstein, as guardian ad litem of Stephen Bernstein, an infant and Benjamin Bernstein, individually, alleges that on July 18, 1959, while on premises of defendant Albany Garage, Inc., infant plaintiff was bitten by a dog, which was owned by Charles Averill.

On or about the 5th day of January, 1960, defendant Albany Garage Inc. served a third-party summons, returnable...

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