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OLMSTEAD v. BRITTON

48 A.D.2d 536 (1975)

Roy Olmstead et al., Respondents, v. Richard A. Britton, Individually and Doing Business as Brokenstraw Fruit and Produce Company, et al., Respondents; Carl R. Holt, Appellant

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

July 10, 1975

Attorney(s) appearing for the Case

Wilkin, Good, Lopat & Beyer (Lawrence H. Wagner of counsel), for appellant.

Wright & Wright (Mark J. Hampton of counsel), for Roy Olmstead and another, respondents.

Cox, Barrell & Walsh (Gerald Grace, Jr., of counsel), for Richard A. Britton and another, respondents.

MOULE, J. P., CARDAMONE, SIMONS and GOLDMAN, JJ., concur.

WITMER, J.

Defendant-appellant, Carl R. Holt, seeks reversal of the order of Special Term which denied his motion for judgment dismissing the summons and complaint herein as against him on the ground that the Supreme Court has no jurisdiction of the subject matter or over the person of the movant.

The action is to recover damages for personal injuries suffered by plaintiff, Roy Olmstead (also derivative...

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