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MILLER v. CROSS

75 Misc.2d 940 (1973)

Douglas Miller, an Infant by His Mother and Natural Guardian, Joan Miller, et al., Plaintiffs, v. Jay E. Cross, Defendant.

Supreme Court, Orange County.

November 20, 1973

Attorney(s) appearing for the Case

Michael A. Gurda for plaintiffs. Vandervoort, Cline & MacVean for defendant.

JOHN W. SWEENY, J.

This is another one of the legion of questions raised at the Special Term and trial level by Dole v. Dow Chem. Co. (30 N.Y.2d 143) but as yet not definitively answered by the appellate courts.

Plaintiff has moved to dismiss defendant's counterclaim for indemnification asserted against the plaintiff parent of the seven year, eight-month-old infant plaintiff who was injured while playing...

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