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LAMPILA v. HARRINGTON

76 Misc.2d 423 (1974)

James E. Lampila et al., Plaintiffs, v. Robert C. Harrington, Defendant.

Supreme Court, Special Term, Albany County.

January 7, 1974

Attorney(s) appearing for the Case

Maynard, O'Connor & Smith (Earl S. Jones, Jr., of counsel), for defendant. Bond, Schoeneck & King (William F. Fitzpatrick of counsel), for plaintiffs.

HAROLD J. HUGHES, J.

This is a motion by defendant to dismiss plaintiffs' complaint on the ground that it fails to state a cause of action.

On January 10, 1970, George E. Simmons was injured when a tractor trailer owned by Frangella Brothers and driven by James E. Lampila skidded into the Simmons' vehicle. In April, 1970, Simmons commenced an action against Frangella Brothers and Lampila and in March...

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