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BENNETT v. GEBELEIN

71 A.D.2d 96 (1979)

Robert E. Bennett, Individually and as Father and Natural Guardian of Cynthia M. Bennett, an Infant, Appellant, v. Edward J. Geblein, Respondent, et al., Defendants

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

November 16, 1979

Attorney(s) appearing for the Case

Tenney, Smith & Scott (J. Michael Hayes of counsel), for appellant.

Wilkin, Good, Lopat & Beyer (Richard B. Good of counsel), for respondent.

CARDAMONE, J. P., SIMONS, DOERR and WITMER, JJ., concur.

MOULE, J.

On August 27, 1977 a truck owned by defendant Emily N. Geblein and driven by defendant Kwiatkowski went out of control, swerved off of the road and struck the infant plaintiff as she stood on the lawn in front of her house. Plaintiffs commenced actions against Emily and Edward Geblein as owners of the truck, Kwiatkowski as driver of the truck, and Guenther, doing business as Bedell House Annex, a tavern...

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