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GRIERSON v. WAGAR

78 Misc.2d 479 (1974)

Lynne K. Grierson, as Executrix of Ronald E. Grierson, Deceased, Plaintiff, v. Richard M. Wagar, Defendant.

Supreme Court, Special Term, Rensselaer County.

April 8, 1974

Attorney(s) appearing for the Case

E. Stewart Jones for plaintiff. Lamb & Wilkin for defendant.

A. FRANKLIN MAHONEY, J.

Plaintiff has moved, pursuant to CPLR 3211 (subd. [a], par. 7), for a judgment dismissing the counterclaim of the defendant upon the ground that it fails to state facts sufficient to constitute a cause of action. The action is one in negligence for damages for the conscious pain and suffering and the wrongful death of the above-named decedent as a result of an automobile accident between...

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