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THEOCHARIDIS v. WEBER STORES

100 Misc.2d 364 (1979)

Grace Theocharidis et al., Plaintiffs, v. Weber Stores, Inc., Defendant. (Action No. 1.) Grace Theocharidis et al., Plaintiffs, v. City of New York et al., Defendants. (Action No. 2.) Bernard Berlly, Doing Business as Camera Hobby Shop, et al., Third-Party Plaintiffs, v. Harry Goldberg, Third-Party Defendant. Harry Goldberg, Fourth-Party Plaintiff, v. Richard Associates et al., Fourth-Party Defendants.

Supreme Court, Trial Term, Queens County.

July 24, 1979

Attorney(s) appearing for the Case

Lysaght, Lysaght & Kramer for Weber Stores, Inc., defendant. Donald C. Lanza for plaintiffs. Allen G. Schwartz, Corporation Counsel, for City of New York, defendant. J. Robert Morris for Bernard Berlly, defendant. Stewart H. Friedman for Harry Goldberg, third-party defendant and fourth-party plaintiff. Gantman, Cyperstein & Peckman for Richard Associates, fourth-party defendant.

FREDERIC E. HAMMER, J.

Defendant Weber Stores, Inc., seeks (1) to strike plaintiffs' action from the Trial Calendar, and (2) for summary judgment against plaintiffs. The motion is without opposition.

This action arises out of an alleged accident occurring on a public sidewalk in Queens County on May 5, 1976. The answer interposed by the moving defendant denies the material allegations of the complaint...

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