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MACRINA v. SCERRA

28 Misc.2d 260 (1961)

Irma T. Macrina, Plaintiff, v. Chester Scerra et al., Doing Business as Chet's Lunch, et al., Defendants. Dennis M. Tuttle, an Infant, by Irma T. Macrina, His Guardian ad Litem, Plaintiff, v. Chester Scerra et al., Doing Business as Chet's Lunch et al., Defendants.

Supreme Court, Special Term, Oneida County.

January 19, 1961

Attorney(s) appearing for the Case

O'Shea, Griffin, Jones & McLaughlin for Chester Scerra and another, defendants. James P. O'Donnell, Jr., for Village of Herkimer, defendant.

FRANK DEL VECCHIO, J.

This is a motion by the defendants Scerra to dismiss third-party summonses and complaints served against them by the defendant Village of Herkimer.

These actions were brought against all defendants by the infant plaintiff to recover damages for personal injuries and by his mother to recover for medical expenses and loss of services. The pleadings allege that on January 20, 1957 while the infant plaintiff was on the sidewalk...

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