HAMEL v. SCHMIDT


106 Misc.2d 315 (1980)

Robert J. Hamel et al., Plaintiffs, v. Paul Schmidt et al., Defendants.

Supreme Court, Special Term, Albany County.

August 15, 1980


Attorney(s) appearing for the Case

Bouck, Holloway & Kiernan for defendants. Doherty & Doherty for plaintiffs.


ROBERT C. WILLIAMS, J.

Defendants move to dismiss the second and third causes of action asserted in the complaint.

Upon oral argument of this motion, the court dismissed the third cause of action which was a derivative cause of action on behalf of plaintiff Cathy Hamel.

Plaintiff Robert J. Hamel, a tenant on the premises of defendant Margaret Thouin Schmidt, fell through the railing of the second floor balcony while leaning over the railing...

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