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SCHIRMER v. YOST

60 A.D.2d 789 (1977)

Earl E. Schirmer, Sr., Individually and as Parent and Natural Guardian of Earl E. Schirmer, Jr., an Infant, Respondent, v. Doreen A. Yost et al., Respondents, and Allen Webster et al., Appellants

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

December 16, 1977

Order unanimously reversed, without costs, motion granted and complaint and cross claims dismissed as to defendants Webster.

Memorandum:

The defendants Allen Webster and Janice Webster appeal from Special Term's denial of their motion to dismiss the complaint and the cross claims herein (CPLR 3211, subd [a], par 7) or alternatively for summary judgment. This is a personal injury action for damages suffered when Earl E. Schirmer, Jr., an infant, was struck...

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