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SEEBERGER v. LE GARE

77 Misc.2d 57 (1974)

Evelyn Seeberger, Individually and as Parent and Natural Guardian of Jeffrey Dufur, an Infant, Plaintiff, v. Ruth Le Gare, Individually and as Parent and Natural Guardian of Ronald Le Gare, an Infant, Defendant.

Supreme Court, Special Term, Rensselaer County.

February 25, 1974

Attorney(s) appearing for the Case

James J. MacKrell and Condon A. Lyons for plaintiff. Martin, Noonan, Hislop, Troue & Shudt for defendant.

A. FRANKLIN MAHONEY, J.

The plaintiff seeks an order dismissing defendant's counterclaim, set forth in paragraphs fourteenth and fifteenth of the answer, for failure to state a cause of action.

A reading of the allegations of the counterclaim reveals it is predicated on the Dole v. Dow Chem. Co. (30 N.Y.2d 143) principle of indemnification and/or contribution...

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