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HAHIN v. CITY OF BUFFALO

41 Misc.2d 1018 (1964)

Margaret Hahin et al., Plaintiffs, v. City of Buffalo et al., Defendants.

Supreme Court, Erie County.

February 25, 1964

Attorney(s) appearing for the Case

Gleason, Fitzpatrick, O'Connor & O'Brien (Richard B. Good of counsel), for City of Buffalo and another, defendants. Hodgson, Russ, Andrews, Woods & Goodyear (Victor T. Fuzak of counsel), for plaintiffs.

REID S. MOULE, J.

The defendants City of Buffalo and Thomas M. Macaluso seek an order dismissing the complaint for legal insufficiency.

The action arises out of an accident in which it is claimed that a city-owned truck driven by Macaluso struck an automobile in which the plaintiffs Margaret Hahin and Robert Gerald Hahin were passengers.

Notice of claim was served on the city within 90 days after the accident, but the action was not commenced...

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