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TRIEBER v. HOPSON

27 A.D.2d 151 (1967)

Barbara J. Trieber et al., Appellants, v. Bobby L. Hopson, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

February 15, 1967.

Attorney(s) appearing for the Case

Goldstein & Goldstein (Benjamin M. Goldstein of counsel), for appellants.

Appelbaum & Eisenberg (Bertram W. Eisenberg of counsel), for respondent.

GIBSON, P. J., HERLIHY, REYNOLDS, AULISI and STALEY, JR., JJ., concur in an opinion by STALEY, JR., J.

STALEY, JR., J.

This is an appeal from an order of Special Term, Sullivan County, granting a stay to the defendant upon condition that a companion declaratory judgment action be tried at the March 1965 Equity Term of the Supreme Court, Sullivan County.

The plaintiff, Barbara Jean Trieber, was injured while riding as a passenger in defendant's automobile on September 30, 1961. This action was commenced...

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