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HAIGHT v. McEWEN

43 Misc.2d 582 (1964)

Robert D. Haight, Sr., et al., Plaintiffs, v. Marjorie McEwen et al., Defendants.

Supreme Court, Motion Term, Oneida County.

July 10, 1964

Attorney(s) appearing for the Case

Lockwood & Vaughan (Merritt E. Vaughan of counsel), for defendants.

Joe Schapiro for plaintiffs.

EUGENE F. SULLIVAN, J.

This is a motion to dismiss the complaint on the ground that it fails to state a cause of action.

The plaintiffs are husband and wife. His cause of action is derivative.

The complaint alleges that the defendant, Marjorie McEwen, was operating an automobile owned by the other defendant, Robert McEwen, on a public highway in the Hamlet of Deansboro, Oneida County, and that...

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