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PERRY v. KINGSTON CITY TRANSP.

19 A.D.2d 202 (1963)

Sam Perry, Jr., Respondent, v. Kingston City Transportation Corp., Appellant, et al., Defendants

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

July 15, 1963.

Attorney(s) appearing for the Case

Rosen & Rosen (Paul Rosen of counsel), for appellant.

Rose M. Frederickson, Michael Nardone and John R. Davison for respondent.

COON, GIBSON, HERLIHY and REYNOLDS, JJ., concur.

BERGAN, P. J.

In 1944 plaintiff, then 2½ years old, was struck by defendant's bus and injured. Claimant's father was appointed guardian ad litem and the claim was settled in 1948 with the approval of the court at Special Term for $1,000. A release was given. This action is brought by plaintiff for damages for the injury sustained in the 1944 accident. The complaint makes no reference to the prior settlement...

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