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TOBIN v. GROSSMAN

30 A.D.2d 229 (1968)

Philomena Tobin, as Mother and Natural Guardian of Gregory Tobin, an Infant, et al., Respondents, v. Stuart Grossman, Appellant

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

June 28, 1968.

Attorney(s) appearing for the Case

Donohue, Bohl, Clayton & Komar (Myron Komar of counsel), for appellant.

Sanford Rosenblum (Eugene R. Spada of counsel), for respondents.

GIBSON, P. J., HERLIHY, REYNOLDS and GABRIELLI, JJ., concur.

AULISI, J.

Appeal is taken from an order of the Supreme Court at Special Term, entered December 4, 1967 in Albany County which denied a motion to dismiss the third cause of action in plaintiffs' complaint, and from an order denying reargument of such motion.

It is alleged that on September 18, 1966, the infant plaintiff sustained personal injuries by reason of defendant's negligent operation of his automobile...

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