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TOOKER v. LOPEZ

30 A.D.2d 115 (1968)

Oliver P. Tooker, Jr., as Administrator of The Estate of Catharina M. Tooker, Deceased, Respondent, v. Myer Lopez, Appellant

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

May 27, 1968.

Attorney(s) appearing for the Case

Mackenzie, Smith, Lewis, Michell & Hughes (Barry M. Shulman of counsel), for appellant.

Kiley, Feldmann, Whalen, Fuller & Devine (William D. Kiley of counsel), for respondent.

GIBSON, P. J., AULISI, STALEY, JR., and GABRIELLI, JJ., concur.

REYNOLDS, J.

This is an appeal from an order of the Supreme Court, Madison County, which granted respondent's motion to strike appellant's third separate and complete defense and denied appellant's cross motion for summary judgment, and from the judgment entered thereon.

The facts which give rise to the present action are undisputed. In September of 1964 Marcia Lopez, who was then 20 years old and beginning...

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