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FORSE v. TURNER

55 Misc.2d 810 (1968)

Donald A. Forse, as Administrator of The Estate of Bernard J. Forse, Deceased, Plaintiff, v. Donald L. Turner et al., Defendants.

Supreme Court, Special Term, Broome County.

January 18, 1968

Attorney(s) appearing for the Case

Hinman, Howard & Kattell for William P. Metzar and another, defendants. Travis & Johnson for plaintiff.

HOWARD A. ZELLER, J.

This is a motion by defendants Metzar pursuant to CPLR 3211 (subd. [a], par. 7) to dismiss portions of plaintiff's complaint and of plaintiff's causes of action therein insofar as the complaint is based upon an alleged violation of subdivision (a) of section 383 of the Vehicle and Traffic Law, upon the ground that such portions do not state a cause of action. Subdivision (a) of section 383 of the Vehicle and Traffic Law reads in part...

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