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McANINCH v. HIGGINS

54 Misc.2d 201 (1967)

Paula K. McAninch, an Infant, by Her Parent, Ronald E. McAninch, et al., Plaintiffs, v. James F. Higgins, Defendant.

Supreme Court, Special Term, Niagara County.

July 12, 1967

Attorney(s) appearing for the Case

Brownstein, Canale, Madden & Brownstein (John F. Canale of counsel), for defendant. Vincent D. Cardone and Thomas Calandra for plaintiffs.

MATTHEW J. JASEN, J.

Motion for summary judgment under CPLR 3212, to dismiss all causes of action of the plaintiff Ronald E. McAninch, upon the ground of res judicata of the issue of liability.

On January 15, 1966, a collision occurred between an automobile owned and operated by defendant Higgins and one owned and operated by plaintiff McAninch.

An action was brought against both driver...

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