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VALE v. YAWARSKI

79 Misc.2d 320 (1974)

William Vale, Plaintiff, v. Edmund "Skip" Yawarski, Jr., et al., Defendants. Marjorie Jay, Individually and Doing Business as Mac's Restaurant or Tavern, as Administratrix of The Estate of Robert Jay, Deceased, Plaintiff, v. Aetna Casualty and Surety Company, Defendant.

Supreme Court, Herkimer County.

October 4, 1974

Attorney(s) appearing for the Case

George & Pulio for William Vale, plaintiff. Kernan & Kernan for Marjorie Jay and another, defendants. Carl G. Scalise for Edmund "Skip" Yawarski, Jr., defendant. Basloe, Basloe & Gallagher for Marjorie Jay, plaintiff.

STEWART F. HANCOCK, J.

The motions to be decided in the above-captioned actions are sequels to this court's decision of July 2, 1974 (78 Misc.2d 522), which dismissed the first cause of action in Vale's original complaint with leave to replead. Vale has since served an amended complaint. It includes a new allegation of negligence sufficient to cure the defect in the original which had resulted in dismissal for failure...

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