Plaintiff (Home) moves to dismiss the counterclaim. The facts giving rise to the claim and counterclaim are substantially undisputed.
On October 6, 1968, one Thomas Dyrnes, while a passenger in a motor vehicle owned by one Czapala, was struck by a truck owned by Equipment Rental Service, Inc., and leased to Consolidated Edison Company.
The injuries suffered by Dyrnes were most grievous...
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