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BACZMAGA v. REYNOLDS

44 Misc.2d 997 (1965)

Mary Baczmaga, as Administratrix of The Estate of Stanley Baczmaga, Deceased, Plaintiff, v. Barbara J. Reynolds, Doing Business under the Name of Johnny-On-the-Spot, Defendant. Barbara J. Reynolds, Doing Business under the Name of Johnny-On-the-Spot, Defendant and Third-Party Plaintiff, v. Merritt, Chapman and Scott, Third-Party Defendant.

Supreme Court, Niagara County.

January 2, 1965

Attorney(s) appearing for the Case

Adams, Brown, Starrett & Maloney for defendant and third-party plaintiff. Phelps, Gray, Mansour & Hewitt for third-party defendant.

FRANK J. KRONENBERG, J.

The main action herein arises out of a claim that Stanley Baczmaga died of injuries sustained when struck by a certain portable toilet.

Plaintiff's intestate claims that Johnny-On-The-Spot, defendant and third-party plaintiff, was negligent in supplying improper straps and rigging, the failure of which permitted the unit to fall on decedent, who died on August 21, 1961.

Allegedly the unit was being transported by...

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