GONZALES v. CALORIFIC CO.


64 Misc.2d 287 (1970)

Juan Gonzales, Plaintiff, v. Harris Calorific Co., Inc., Defendant.

Supreme Court, Special Term, Queens County.

January 8, 1970


Attorney(s) appearing for the Case

Kurach & Cassell for plaintiff.

Emile Z. Berman and A. Harold Frost for defendant.


MARIO J. CARIELLO, J.

In this action to recover damages for personal injuries and for breach of warranty, defendant moves to dismiss the complaint on the following grounds: (1) res judicata; (2) Statute of Limitations and (3) lack of personal jurisdiction. (CPLR 3211, subd. [a], pars. 5, 8.)

The action arises out of an accident which occurred on September 26, 1962. Plaintiff, while in the employ...

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