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HERNANDEZ v. STORINO

16 A.D.2d 673 (1962)

Lorenzo Hernandez, Individually and as Guardian ad Litem of Ronald Hernandez, an Infant, Respondent, v. Frank Storino, Jr., Doing Business as Hill Krest Service Station, Appellant. Cimbar Corporation, Defendant-Respondent and Third-Party Plaintiff; Esso Standard Oil Company, Third-Party Defendant

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 16, 1962

Order reversed, without costs, motion granted, and complaint dismissed as to the defendant Storino.

The infant plaintiff sustained a cut when he came in contact with an old running board lying on the property of the codefendant Cimbar Corporation. Plaintiffs have nothing to offer but conjecture in support of their theory that said defendant Storino, who conducted a gasoline service station and made minor automobile repairs...

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