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GRIFFIN v. CALDWELL

37 Misc.2d 941 (1962)

Henry Griffin et al., Plaintiffs, v. Ellery Caldwell et al., Doing Business as Caldwell & Cook, et al., Defendants. Ellery Caldwell et al., Doing Business as Caldwell & Cook, Third-Party Plaintiffs, v. Kenneth Winkler, Third-Party Defendant.

Supreme Court, Special Term, Monroe County.

December 7, 1962

Attorney(s) appearing for the Case

Brown, Zurett, Sullivan, Smith & Gough (William Gough of counsel), for third-party plaintiffs. Harold C. Bayer for third-party defendant.

CLARENCE J. HENRY, J.

Plaintiffs in the original action were passengers in an automobile owned and operated by one Kenneth Winkler, on July 20, 1959, when an accident occurred which resulted in claimed personal injuries to both plaintiffs.

On July 10, 1962 (10 days before the expiration of the Statute of Limitations) plaintiffs caused a summons and complaint to be served on the defendants Caldwell and...

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