FUOCO v. BOYLE BROS., INC.


40 A.D.2d 943 (1972)

Mark Fuoco, an Infant, by Marco Fuoco, His Father and Natural Guardian, Appellant, v. Boyle Brothers, Inc., et al., Respondents

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

November 30, 1972


Order unanimously reversed, with costs, and motion granted.

Memorandum:

The infant plaintiff was injured on September 26, 1966 while riding as a passenger in a school bus when it was struck in the rear by a truck owned by defendant. A note of issue and statement of readiness were filed on his behalf on January 16, 1970 indicating that all pleadings and disclosure proceedings had been waived. A bill of particulars served on the defendant on November 21, 1968...

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