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HOLODOOK v. SPENCER

43 A.D.2d 129 (1973)

John J. Holodook, as Parent and Natural Guardian of James J. Holodook, an Infant, et al., Appellants, v. Cornelius Spencer, Defendant and Third-Party Plaintiff-Respondent; Sophia Holodook, Third-Party Defendant-Appellant

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

December 13, 1973.

Attorney(s) appearing for the Case

Coffin, Inman & Inman (Myron Komar of Donohue, Bohl, Clayton & Komar of counsel), for appellants.

Hesson, Ford, Grogan, Sherwood & Whalen (Dale M. Thuillez of counsel), for defendant and third-party plaintiff-respondent.

Charles H. Carpenter for third-party defendant-appellant.

SWEENEY, KANE and REYNOLDS, JJ., concur with GREENBLOTT, J.; STALEY, JR., J. P., dissents and votes to affirm in a separate opinion.

GREENBLOTT, J.

This is an appeal from an order of the Supreme Court at Special Term, entered in Columbia County on March 7, 1973, which denied a motion to dismiss the counterclaim and third-party complaint.

These actions arise out of injuries sustained by a four-year-old infant pedestrian, James J. Holodook, who, while allegedly running from between parked cars on a street in Hudson, New York, was struck...

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