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MILNE v. CHANDLER & HATLEE

45 Misc.2d 593 (1964)

Carol Milne, as Administratrix of The Estate of Allen V. Milne, Deceased, Plaintiff, v. Chandler & Hatlee, Defendant and Third-Party Plaintiff. Rocco J. Repice, Third-Party Defendant.

Supreme Court, Special Term, Schenectady County.

August 12, 1964

Attorney(s) appearing for the Case

Friedman & Ladd (Harold A. Friedman of counsel), for third-party defendant. Connor, O'Connor & Turley (Edward F. O'Connor of counsel), for third-party plaintiff.

CHARLES M. HUGHES, J.

The third-party defendant has moved for an order dismissing the third-party plaintiff's complaint pursuant to CPLR 3211 (subd. [a]).

The primary plaintiff has brought an action in negligence to recover damages for conscious pain and suffering and wrongful death of the plaintiff's intestate Allen V. Milne.

The plaintiff's complaint and the third-party plaintiff's complaint herein alleges that the plaintiff's intestate...

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