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HIGGINBOTHAM v. RATH

30 A.D.2d 93 (1968)

Bruce Higginbotham, Respondent, v. John E. Rath et al., Appellants, and Raymond W. Thompson et al., Respondents

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

May 6, 1968.

Attorney(s) appearing for the Case

Patrick F. Adams (O'Hagan & Reilly [Henry J. O'Hagan] of counsel), for appellants.

Carman, Callahan & Carman (John F. Mulholland of counsel), for Bruce Higginbotham, respondent.

Warburton & Connolly (Gary Flanner Olsen of counsel), for Raymond W. Thompson and another, respondents.

BELDOCK, P. J., CHRIST, RABIN and HOPKINS, JJ., concur.

BRENNAN, J.

Plaintiff, a passenger in an automobile owned by defendant Harold G. Thompson and operated by his son, defendant Raymond W. Thompson, was injured when a collision occurred between the Thompson automobile and an automobile owned by defendant Radory Construction Corp. and operated by defendant Rath.

The Thompsons sued defendants Rath and Radory Construction Corp. in the District Court of Nassau...

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