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WARE v. SAND LAKE KIWANIS

100 Misc.2d 668 (1979)

Nancy Ware, Individually and as Parent of Richard Ware, an Infant, Plaintiff, v. Sand Lake Kiwanis Club, Inc., et al., Defendants. Robert Pierson, Third-Party Plaintiff, v. Quentin E. Shaver et al., Third-Party Defendants.

Supreme Court, Special Term, Albany County.

February 8, 1979

Attorney(s) appearing for the Case

Donohue, Bohl, Clayton & Komar, P. C. (Myron Komar of counsel), for Quentin E. Shaver, third-party defendant. Carter, Conboy, Bardwell, Case & Blackmore (Randall J. Ezick of counsel), for Sand Lake Kiwanis Club, Inc., defendant. Bouck, Holloway & Kiernan (Seale W. Tuttle of counsel), for Robert Pierson, defendant and third-party plaintiff.

HAROLD J. HUGHES, J.

The third-party defendant Quentin E. Shaver makes this motion to dismiss the third-party complaint upon the grounds that it fails to state a cause of action (CPLR 3211, subd [a], par 7).

The prime action arises from an accident that occurred on February 5, 1978 when two snowmobiles collided in the middle of the ice on Crooked Lake at a snowmobile rally sponsored by the Sand Lake...

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