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WAGER v. TREAD MILL, INC

95 Misc.2d 490 (1978)

Bruce D. Wager, Plaintiff, v. Tread Mill, Inc., Defendant and Third-Party Plaintiff. Cragar Industries et al., Third-Party Defendants.

Supreme Court, Erie County.

July 28, 1978

Attorney(s) appearing for the Case

Brown, Kelly, Turner, Hassett & Leach for Performance Parts Warehouse, Inc., third-party defendant. Carl R. Ellis for defendant and third-party plaintiff. Smith, Murphy & Schoepperle for Cragar Industries, third-party defendant. Moynihan, Fromen and Steiner for plaintiff.

JOSEPH P. KUSZYNSKI, J.

Defendant and third-party plaintiff Tread Mill, Inc. (Tread Mill), and third-party defendant, Performance Parts Warehouse, Inc. (Performance), move pursuant to CPLR 3211 (subd [a], par 8) for dismissal of plaintiff Wager's action upon the ground that his summons is defective in that it does not show the name of the court and county of jurisdiction.

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