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ALL-ST. AUTO RENT. v. MANHATTAN TR. AUTH

57 Misc.2d 222 (1968)

All-State Auto Rental Corp., Plaintiff, v. Manhattan and Bronx Surface Transit Operating Authority, Defendant.

Civil Court of the City of New York, New York County, Trial Term.

May 31, 1968

Attorney(s) appearing for the Case

Newman & O'Malley (Lawrence Sweed and Martin J. Weiser of counsel), for plaintiff. Sidney Brandes and Edward T. O'Connor for defendant.

ARNOLD L. FEIN, J.

In this action to recover for property damage the parties waived trial by jury and submitted the case on an agreed statement of facts, by stipulation. The accident occurred on April 27, 1965. A timely notice of claim pursuant to statute was served on May 19, 1965. The summons and complaint were served on June 6, 1966. Defendant's answer was served on June 14, 1966, affirmatively pleading, as a defense, plaintiff's failure to commence...

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