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IBACH v. DONALDSON SERV.

38 A.D.2d 39 (1971)

David Ibach, Sr., Individually and as Parent of David Ibach, Jr., an Infant, Plaintiff, v. Grant Donaldson Service, Inc., et al., Defendants (Action No. 1) David Ibach, Sr., Individually and as Father and Natural Guardian of Daniel Ibach, an Infant, Plaintiff, v. Grant Donaldson Service, Inc., et al., Defendants (Action No. 2) Arthur Szyminski, Individually and as Father and Natural Guardian of Thomas Szyminski, an Infant, Plaintiff, v. Grant Donaldson Service, Inc., et al., Defendants (Action No. 3) Hal Casey Motors, Inc., Third-Party Plaintiff-Respondent, v. Renault, Inc., Third-Party Defendant-Appellant (in each of these three actions)

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

December 9, 1971.

Attorney(s) appearing for the Case

Smith, Murphy & Schoepperle (Frank G. Godson of counsel), for third-party defendant-appellant.

Palmer, Heffernan, Wickser & Beyer (John J. Heffernan of counsel), for third-party plaintiff-respondent.

DEL VECCHIO, J. P., MARSH, MOULE and HENRY, JJ., concur.

WITMER, J.

Renault, Inc., third-party defendant in each of three third-party actions, appeals from a Special Term order entered in each action denying its motion to dismiss the second and third causes of action in the third-party complaint.

It appears that on August 19, 1966 the infant plaintiff in Action No. 1 was driving a 1961 Renault automobile, with the infant plaintiffs in Actions Nos. 2 and 3 as...

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