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HANLEY v. WEISBURGER

32 Misc.2d 672 (1962)

Raymond J. Hanley, Plaintiff, v. John Weisburger, Doing Business as Wise Auto Sales, Defendant.

Supreme Court, Special Term, Albany County.

January 9, 1962

Attorney(s) appearing for the Case

Donohue & Bohl (Charles A. Bohl and Myron Komar of counsel), for defendant. Segal, Herson & Segal (Edward M. Segal of counsel), for plaintiff.

HERBERT D. HAMM, J.

This is a motion by the defendant for summary judgment. There have been submitted an affidavit of one of the defendant's attorneys, an affidavit of one of the plaintiff's attorneys and the minutes of the plaintiff's examination before trial.

On March 4, 1961, the plaintiff was struck by an automobile owned by the defendant and operated with the defendant's consent by a fellow employee...

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