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ARSENAULT v. MITTNIGHT

90 Misc.2d 539 (1977)

Wilfred Arsenault, Individually and Doing Business as Compact Motor Sales, Plaintiff, v. Robert B. Mittnight et al., Individually and Doing Business as Koo Koo's Pizzeria, Defendants.

County Court, Special Term, Rensselaer County.

May 18, 1977

Attorney(s) appearing for the Case

Stephen A. Stasack for plaintiff. Francis E. Lehner for Peter Caridi, defendant. Richard E. Doling for Robert B. Mittnight, defendant.

CON G. CHOLAKIS, J.

Plaintiff's action is one for property damages sustained by him as a result of the alleged negligence of the defendants. Defendant Caridi raises in his answer, the affirmative defense of plaintiff's contributory negligence and assumption of risk pursuant to CPLR article 14-A dealing with comparative negligence.

The plaintiff has served a demand for a bill of particulars upon the defendant...

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