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GORSAGE v. BD. OF EDUC.

72 Misc.2d 443 (1972)

Marc Gorsage, an Infant, by His Father and Natural Guardian Eugene Gorsage, et al., Plaintiff, v. Board of Education of the Niskayuna Public Schools, Defendant and Third-Party Plaintiff. Hamilton Manufacturing Company, Third-Party Defendant.

Supreme Court, Special Term, Schenectady County.

August 8, 1972

Attorney(s) appearing for the Case

Maynard, O'Connor & Smith for defendant and third-party plaintiff. Bender, Hesson, Ford & Grogan for third-party defendant.

EDWARD S. CONWAY, J.

This is a motion by the third-party defendant for an order dismissing the third-party complaint as against the third-party defendant herein, for failure to prosecute pursuant to CPLR 3216, on the grounds it fails to state facts sufficient to constitute a cause of action over on its face.

The third-party plaintiff in its third-party complaint alleges that the plaintiff was injured...

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