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BARRY v. NIAGARA FRONTIER SYS.

76 Misc.2d 316 (1972)

Dorothy Barry et al., Plaintiffs, v. Niagara Frontier Transit System, Inc., Defendant and Third-Party Plaintiff. Village of Kenmore, Third-Party Defendant.

Supreme Court, Erie County.

November 29, 1972

Attorney(s) appearing for the Case

Norman B. Lewis for plaintiffs. Hodgson, Russ, Andrews, Woods & Goodyear (Ralph W. Larson of counsel), for defendant and third-party plaintiff. Brown, Kelly, Turner, Hassett & Leach (Roger A. Olson of counsel), for third-party defendant.

CARMAN F. BALL, J.

The third-party defendant moves for an order dismissing the third-party complaint pursuant to CPLR 3211 (subd. [a], par. 7) upon the grounds that the complaint fails to state a cause of action. Plaintiffs in this action commenced an action against the defendant Niagara Frontier Transit System (NFT) and the Village of Kenmore. The Village of Kenmore action was dismissed upon motion for summary...

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