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VALE v. YAWARSKI

78 Misc.2d 522 (1974)

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

Supreme Court, Herkimer County.

July 2, 1974

Attorney(s) appearing for the Case

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

STEWART F. HANCOCK, J.

These two interrelated motions for decision arise in separate lawsuits stemming from an automobile accident on June 9, 1973. In the first action plaintiff Vale seeks to recover for injuries suffered when struck by a car driven by the defendant Helmer. It is claimed that Helmer prior to the accident had left Mac's Restaurant or Tavern (owned and operated by the defendant, Marjorie Jay) in a condition which made him unfit to operate...

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