RATHBUN v. VIL. OF WAVERLY


35 A.D.2d 227 (1970)

Gail Rathbun et al., Appellants, v. Village of Waverly, Respondent. (Action No. 1.) Gail Rathbun et al., Appellants, v. Francis Morris et al., Respondents. (Action No. 2.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 12, 1970.


Attorney(s) appearing for the Case

Betty D. Friedlander for appellants.

Levene, Gouldin & Thompson (David M. Gouldin of counsel), for respondents.

HERLIHY, P. J., REYNOLDS, STALEY, JR., and SWEENEY, JJ., concur.


GREENBLOTT, J.

This is an appeal from an order of the Supreme Court at Special Term, entered September 29, 1969 in Tioga County, granting defendants' motion to dismiss the complaints in both actions, except as to infant plaintiff Michael Rathbun in Action No. 1.

Appellants Gail and Richard Rathbun commenced these actions to recover damages for injuries sustained by them and their infant son Michael, on...

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