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RICE v. SPENCER

43 Misc.2d 331 (1963)

Donald A. Rice et al., Plaintiffs, v. William Spencer et al., Defendants.

Supreme Court, Broome County.

November 4, 1963

Attorney(s) appearing for the Case

Dann, Cochran & Nachsin (Martin E. Nachsin of counsel), for plaintiffs. Hinman, Howard & Kattell (William L. Ransom, Jr., of counsel), for Valley Motors, Inc., defendant. Chernin & Gold (Sanford P. Tanenhaus of counsel), for William Spencer, defendant.

ROBERT O. BRINK, J.

This is a motion under 3025 of the CPLR in which the plaintiffs move to amend their complaint by the addition of a paragraph alleging negligence against the defendant, absentee owner, Valley Motors, Inc., in permitting the defendant, driver, to operate its automobile after notice of the fact that the defendant driver was incompetent and unfit to operate said automobile.

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