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ORPHAN v. RELYEA

73 Misc.2d 1098 (1973)

Charles Orphan, an Infant, by Ruth Orphan, His Parent, et al., Plaintiffs, v. Robert E. Relyea et al., Defendants. Oliver Byrne, Jr., Doing Business as Ulster Gas Company, Defendant and Third-Party Plaintiff, v. Michael Orphan, Third-Party Defendant.

Supreme Court, Special Term, Ulster County.

May 8, 1973

Attorney(s) appearing for the Case

Schunk & Torraca for plaintiffs. J. George Spitz and Joseph L. Canino for defendant and third-party plaintiff. Joseph D. Hill for third-party defendant.

HAROLD J. HUGHES, J.

This is a motion by the third-party defendant to dismiss the third-party complaint.

Charles Orphan, an infant, was injured as the result of an explosion of a sauna heater. At the time of the accident, he and his father, the third-party defendant, were using the sauna bath facilities owned by the codefendants Relyea and Lillimagi. Through his mother, Charles Orphan commenced suit...

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