MC MAHON v. HOUSER


59 Misc.2d 1023 (1969)

Gerald McMahon, by His Guardian ad Litem, Judith McMahon, Plaintiff, v. Mae D. Houser, Defendant.

Supreme Court, Monroe County.

July 9, 1969


Attorney(s) appearing for the Case

Thomas W. O'Connell for plaintiff. Nixon, Hargrave, Devans & Doyle (John B. McCrory of counsel), for defendant.


MARSHALL E. LIVINGSTON, J.

This is, in effect, a motion by plaintiff to vacate a preclusion order and to compel defendant to accept plaintiff's bill of particulars and to set aside the "note of issue and statement of readiness prematurely filed".

The case is a personal injury "knockdown" involving a then nine-year-old boy and an automobile owned and operated by the defendant. The guardian ad litem and...

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