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MOSS v. STANDARD BRANDS

68 Misc.2d 625 (1971)

Myer Moss, Plaintiff, v. Standard Brands, Inc., et al., Defendants and Third-Party Plaintiffs. Marine Midland Grace Trust Co. of New York, Third-Party Defendant and Fourth-Party Plaintiff. Chemical Bank, Fourth-Party Defendant.

Civil Court of the City of New York, Trial Term, New York County.

December 15, 1971

Attorney(s) appearing for the Case

Esterman & Esterman (Sylvain R. Jakabovics of counsel), for plaintiff. Hampton, Dietel & Henegan (Joseph Messina of counsel), for Employers Liability Assurance Corp., Ltd., and another, defendants and third-party plaintiffs. David M. Benson and Donald F. McCaffrey for third-party defendant. John B. Wynne for fourth-party defendant.

FRITZ W. ALEXANDER, II, J.

It appearing that there is no dispute as to the facts in the instant case, the parties by agreement, have waived trial by jury and submitted the sole question of law to the court for final resolution.

The agreed facts are as follows: This plaintiff, Myer Moss (hereinafter "Moss"), was involved in an automobile accident in June, 1964, with a vehicle owned by Standard Brands...

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