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HIMES v. STALKER

99 Misc.2d 610 (1979)

Marlene Himes, Plaintiff, v. Harry L. Stalker, Sr., et al., Defendants.

Supreme Court, Cattaraugus County.

May 11, 1979

Attorney(s) appearing for the Case

Joseph C. Dwyer for plaintiff. Hornburg, Diggs & Hornburg, P. C. (Philip Marks of counsel), for defendants.

EDWARD M. HOREY, J.

The motion is to dismiss an affirmative defense raised in the answer of the defendants. It is brought pursuant to CPLR 3211 (subd [b]).

The facts involved are simple. The plaintiff, Marlene Himes, was a resident of Pennsylvania. On June 24, 1978, she was seriously injured in an automobile accident that occurred in the State of New York while she was en route to her house in Pennsylvania...

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