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ENGRAM v. KINGSTON HOSP

82 Misc.2d 540 (1975)

Thomas Engram, Plaintiff, v. Kingston Hospital et al., Defendants. (Action No. 1.) Thomas Engram, Plaintiff, v. Richard Boke, Defendant. (Action No. 2.)

Supreme Court, Special Term, Ulster County.

August 1, 1975

Attorney(s) appearing for the Case

Appelbaum & Eisenberg (Harold J. Bauman of counsel), for Richard Boke, defendant in Action No. 2. Martin, Clearwater & Bell (Peter E. Tangredi of counsel), for Steven Young, defendant in Action No. 1. McCann, Ahern & Sommers, P. C. (Thomas N. O'Hara of counsel), for F. S. Carr, defendant in Action No. 1.

HAROLD J. HUGHES, J.

This is a motion by the defendant Richard Boke to dismiss the cross claims of Kingston Hospital, Steven Young and F. S. Carr for failure to state a cause of action (CPLR 3211, subd [a], par 7).

On May 30, 1971 plaintiff walked through a glass door on the defendant Boke's premises and sustained injuries. He was taken to Kingston Hospital where he was first treated in the emergency...

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