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HARVEY v. HAMMER

42 Misc.2d 1096 (1964)

Letha Harvey, Individually and as Guardian ad Litem of Linda G. Harvey, an Infant, Plaintiff, v. Irving Hammer, Defendant.

Supreme Court, Special Term, Onondaga County.

May 25, 1964

Attorney(s) appearing for the Case

Hiscock, Cowie, Bruce, Lee & Mawhinney for defendant. Harold A. Manheim for plaintiff.

RICHARD J. CARDAMONE, J.

The defendant moves to dismiss the complaint pursuant to the Civil Practice Law and Rules (3211, subd. 7).

As a result of an accident which occurred on November 4, 1963 on premises located at 812 Almond Street, in the City of Syracuse, New York, an action was instituted by the plaintiff, by the service of a summons and complaint, on November 21, 1963. An answer was interposed on December 17, 1963, with a demand for

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