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HARPER v. DALRYMPLE GRAVEL

35 Misc.2d 952 (1962)

Sally Harper, an Infant, by Ruth Cole, Her Guardian ad Litem, et al., Plaintiffs, v. Dalrymple Gravel and Contracting Company, Inc., Defendant. Dalrymple Gravel and Contracting Company, Inc., Defendant and Third-Party Plaintiff, v. Stanley Vanderpool et al., Third-Party Defendants. Carol Mente, an Infant, by Orlo Mente, Her Guardian ad Litem, et al., Plaintiffs, v. Dalrymple Gravel and Contracting Company, Inc., Defendant. Dalrymple Gravel and Contracting Company, Inc., Defendant and Third-Party Plaintiff, v. Stanley Vanderpool et al., Third-Party Defendants.

Supreme Court, Tioga County.

August 23, 1962

Attorney(s) appearing for the Case

Alan J. Friedlander for plaintiffs. Cramer, Donovan, Graner & Davidson for defendant and third-party plaintiff. Sayles, Evans, Brayton, Palmer & Tifft for Walter Jones, third-party defendant.

ROBERT O. BRINK, J.

This is a motion by the third-party defendants for an order dismissing the third-party complaints in each of the above-entitled actions on the ground that they do not state facts sufficient to constitute a cause of action against the third-party defendants.

The complaints in the principal actions allege that plaintiffs Harper and Mente were passengers in a car owned by the third-party...

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