DURHAM v. HOLMES


79 Misc.2d 143 (1974)

Mildred Durham et al., Plaintiffs, v. Thomas M. Holmes et al., Defendants.

Supreme Court, Special Term, Rensselaer County.

October 4, 1974


Attorney(s) appearing for the Case

Simon, Trieble & Werner (William J. Werner of counsel), for plaintiffs. Martin, Noonan, Hislop, Troue & Shudt (William E. Noonan of counsel), for defendants.


EDWARD S. CONWAY, J.

This is a motion by the plaintiff Mildred Durham for an order dismissing the counterclaim asserted by the defendants against her upon the ground that said counterclaim fails to assert a good cause of action as a matter of law.

The action on which the instant motion and counterclaim is predicated has been instituted for recovery of damages for personal injuries allegedly sustained in an automobile accident of July 16, 1970...

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