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PASSAMONTE v. PETTIT

61 Misc.2d 124 (1969)

Joseph Passamonte et al., Plaintiffs, v. Donald M. Pettit, Defendant.

Supreme Court, Livingston County.

September 30, 1969

Attorney(s) appearing for the Case

Shults & Shults (William A. Argentieri of counsel), for plaintiffs. Chamberlain, D'Amanda, Bauman, Chatman & Oppenheimer (Louis D'Amanda of counsel), for defendant.

EMMETT J. SCHNEPP, J.

This personal injury action was instituted against the defendant, an employee of the State of New York, for negligence in the operation of an automobile, owned by and operated with the consent of the State and within the scope of defendant's employment. The motion to dismiss the complaint is made upon the ground that the State of New York is the real party in interest, that it can be sued...

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