CLEVELAND v. FARBER


46 A.D.2d 733 (1974)

Clarence Cleveland, Plaintiff, v. Irene Farber, Individually and as Executrix of Burton K. Farber, Deceased, Defendant and Third-Party Plaintiff-Appellant. Midwest Emery Freight Systems, Inc., Third-Party Defendant-Respondent, et al., Third-Party Defendant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

October 31, 1974


Order unanimously affirmed, without costs.

Memorandum:

On September 28, 1968 plaintiff was injured while a passenger in a vehicle owned by Midwest Emery Freight Systems, Inc., (Midwest) and operated by Jones when it was involved in an accident. Deceased, who was retained as counsel by plaintiff, allegedly failed to bring a cause of action against either Midwest or Jones within the statutory period allowed for commencing a negligence action. Plaintiff brought...

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