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EVANS v. ZIMMER

31 Misc.2d 661 (1961)

John Evans, Plaintiff, v. Louis C. Zimmer et al., Defendants. Nicholas F. Domenico, Sr., Doing Business as F. Domenico & Sons, Plaintiff, v. Louis C. Zimmer et al., Defendants.

Supreme Court, Special Motion Term, Oneida County.

July 22, 1961

Attorney(s) appearing for the Case

O'Shea, Griffin & Jones (James C. O'Shea of counsel), for Louis C. Zimmer, defendant. John F. Tierney for Bundy Concrete Pipe Co., defendant. Duggan & Del Buono for Baker Whitestown Shopping Plaza, defendant. Hubbard, Felt & Fuller (E. Porter Felt of counsel), for Peter C. Fox, defendant. Capecelatro & Capecelatro (Salvatore J. Capecelatro, Jr., of counsel), for Frank T. Bennett, defendant. Edward A. Wolff and Edward A. Wolff, Jr., for plaintiffs.

HENRY A. HUDSON, J.

The defendants and each of them have moved for an order dismissing the plaintiffs' complaints and for summary judgment pursuant to rule 113 of the Rules of Civil Practice on the ground that the plaintiffs' actions are without merit and that the plaintiffs' causes of action should be dismissed upon the ground, first, that the defendants and each of them were not negligent in any manner which in any way was the proximate cause of the...

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