KAPLAN v. VAVASSEUR


101 Misc.2d 519 (1979)

Carolyn Kaplan, an Infant by Her Father Gerald Kaplan, et al., Plaintiffs, v. Serve Vavasseur et al., Defendants.

Supreme Court, Special Term, Queens County.

November 2, 1979.


Attorney(s) appearing for the Case

Gervais & De Cicco for defendants and third-party plaintiffs. Morton & Pomerantz for plaintiffs. De Santis, Totura & Hargous for third-party defendant.


HAROLD HYMAN, J.

The defendants third-party plaintiffs and defendants' motion and cross motion, respectively, raise an issue thus far not resolved by our courts. Research indicates that the courts have tangentially touched upon closely related subjects but thus far have not ruled upon the specific issue raised by the pleadings involved, that is from the conclusory factual matter pleaded in the third-party complaint. To reach such issue there is necessity...

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