DIPERNA v. ROMAN CATHOLIC DIOCESE


30 A.D.2d 249 (1968)

Lucille F. Di Perna, an Infant, by Vincent J. Di Perna, Her Guardian ad Litem, et al., Appellants, v. Roman Catholic Diocese of Albany et al., Defendants and Third-Party Plaintiffs-Appellants, et al., Defendant. Fay A. Evans, Jr. et al., Third-Party Defendants-Respondents, et al., Third-Party Defendants

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

June 27, 1968.


Attorney(s) appearing for the Case

Medwin, Couch & McMahon (Edward McMahon and Nathan M. Medwin of counsel), for defendants and third-party plaintiffs-appellants.

Friedman, Battisti & Friedman (Henry H. Koblintz of counsel), for appellants.

Francis E. Lehner (Edward J. Grogan of counsel), for Wayne Iron Works, third-party defendant-respondent.

DeGraff, Foy, Conway & Holt-Harris for Allaire Matthewson, third-party defendant-respondent.

Donohue, Bohl, Clayton & Komar (Myron Komar of counsel), for Fay A. Evans and another, third-party defendants-respondents.

Thomas Turley for St. Patrick's Church, defendant.

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


GABRIELLI, J.

These are appeals by plaintiffs and defendants-third-party plaintiffs from (1) an order and judgment of the Supreme Court at Special Term, entered March 8, 1966 in Albany County, which granted motions by those defendants who are also third-party defendants to dismiss the amended complaint and the amended third-party complaint, and (2) from an order entered January 31, 1967 which denied a motion...

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