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HUBERT v. STASIAK

31 Misc.2d 307 (1961)

William Hubert, by His Guardian ad Litem, Elma Hubert, Plaintiff, v. Chester W. Stasiak et al., Defendants. (Action No. 1.) Elma Hubert, Plaintiff, v. Chester W. Stasiak et al., Defendants. (Action No. 2.)

Supreme Court, Erie County.

October 16, 1961

Attorney(s) appearing for the Case

Cox, Barrett & Barrell (John P. Cox of counsel), for Chester W. Stasiak, defendant. Eugene J. Martin for plaintiffs. Powsner, Perlmuter & Pressman (Louis Perlmuter of counsel), for Marion Barzycki, defendant.

MICHAEL CATALANO, J.

Defendant, Chester W. Stasiak (herein called "Chester") moves for summary judgment dismissing the complaints as against him.

The complaint in Action No. 1 (herein called the "first complaint") alleges that plaintiff (herein called "William"), an infant, operated a Ford automobile; that Chester owned a Chevrolet automobile; that defendants, David C. Stasiak and Mary Ann Borczycki (herein called "David" and "Mary Ann," respectively...

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