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DAY v. ECKEL

57 Misc.2d 661 (1968)

Michael Day, an Infant, by Allan Day, His Father and Natural Guardian, et al., Plaintiffs, v. Charles F. Eckel, Defendant and Third-Party Plaintiff. Ford Motor Company et al., Third-Party Defendants.

Supreme Court, Erie County.

August 27, 1968

Attorney(s) appearing for the Case

Ohlin, Damon, Morey, Sawyer & Moot (George M. Gibson of counsel), for Ford Motor Co., third-party defendant. Adams, Brown, Starrett & Maloney (Francis J. Busteed of counsel), for Ibbotson-Ritchie, Inc., third-party defendant. Fudeman & Renaldo for plaintiffs. Gleason & O'Connor for defendant and third-party plaintiff.

MICHAEL CATALANO, J.

Third-party defendants, Ibbotson-Ritchie, Inc. ("Ibbotson") and Ford Motor Company ("Ford"), separately move for an order, pursuant to CPLR 3211, dismissing the third-party complaint for insufficiency.

Plaintiffs' major complaint states that on August 7, 1967, at 2:00 P.M. defendant owned and operated a Ford motor vehicle, which left the highway, went through a plate glass window...

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