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WEISS v. MULLER

97 Misc.2d 7 (1978)

Richard Weiss, Plaintiff, v. Jeffrey P. Muller, Defendant and Third-Party Plaintiff. Beverly Weiss, Doing Business as Four Season's Restaurant, Third-Party Defendant.

Supreme Court, Special Term, Fulton County.

November 22, 1978

Attorney(s) appearing for the Case

Hinman, Straub, Pigors and Manning (Peter L. Rupert of counsel), for third-party defendant. Richard T. Horigan for defendant and third-party plaintiff. Caputo & Aulisi for plaintiff.

WILLIAM J. CRANGLE, J.

This is a motion by Beverly Weiss, third-party defendant, to dismiss the third-party complaint. The original action was brought by Richard Weiss as plaintiff against the defendant and third-party plaintiff Jeffrey P. Muller. The plaintiff, Weiss, operated a tavern in partnership with his wife, Beverly Weiss. Muller was a customer in the tavern and is alleged to have struck the plaintiff...

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