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SHORT v. THYGIESEN

82 Misc.2d 786 (1975)

Mildred Short, an Infant by Albert Short, Her Parent, et al., Plaintiffs, v. Robert J. Thygiesen et al., Defendants.

Supreme Court, Monroe County.

June 30, 1975

Attorney(s) appearing for the Case

Chamberlain, D'Amanda, Bauman, Chatman & Oppenheimer (Henry R. Ippolito of counsel), for Robert J. Thygiesen, defendant. Brennan, Centner, Palermo & Blauvelt (John Clapper, III, of counsel), for Donald G. Dibble, defendant.

MARSHALL E. LIVINGSTON, J.

This is a motion for summary judgment by defendant Thygiesen against defendant Dibble in a familiar setting since Dole v Dow Chem. Co. (30 N.Y.2d 143) and other kindred cases out of which arose the enactment, effective September 1, 1974, of section 15-108 of the General Obligations Law and CPLR article 14.

The facts are simple. Infant plaintiff was a passenger in the Thygiesen...

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