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FAKE v. TERMINAL HARDWARE

73 Misc.2d 39 (1973)

James Fake, an Infant, by His Parent, Fred J. Fake, et al., Plaintiffs, v. Terminal Hardware, Inc., et al., Defendants and Third-Party Plaintiffs. Fred J. Fake et al., Third-Party Defendants.

Supreme Court, Special Term, Albany County.

March 8, 1973

Attorney(s) appearing for the Case

Bender Solomon for plaintiffs. Charles H. Carpenter for third-party plaintiffs.

JOHN T. CASEY, J.

The third-party defendants (the parents of the five-year-old infant plaintiff herein) move to dismiss the third-party complaint for insufficiency. The complaint alleges only that the accident1 was "occasioned, caused or contributed to by the [parents] by their failure to know the whereabouts of the said infant and to exercise the necessary parental supervision and control to keep the infant from placing himself...

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