GARRETT v. HOLIDAY INNS


86 A.D.2d 469 (1982)

Timothy S. Garrett, Individually and as Limited Administrator of The Estate of Nancy J. Garrett, Deceased, Plaintiff, v. Holiday Inns, Inc., et al., Respondents, and Town of Greece, Appellant. (And Four Other Main Actions, 20 Third-Party Actions.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

May 21, 1982


Attorney(s) appearing for the Case

Winchell, Connors & Corcoran (Charles A. Hall of counsel), for appellant.

Fix, Spindelman, Turk, Himelein & Schwartz (Dennis R. McCoy of counsel), for Nathan Benderson and another, respondents.

Nixon, Hargrave, Devans & Doyle (Harold A. Kurland, David M. Lascell and Philippe Jeck of counsel), for Holiday Inns, Inc., Respondent.

Hickey, McHugh & Garlick (William Gandy of counsel), for Leo Spezio, respondent.

O'Brien & DeHond (Dennis R. McCoy of counsel), for Anthony Comparato, respondent.

Harris, Beach, Wilcox, Rubin & Levey (Dennis R. McCoy of counsel), for Corona Court, Inc., respondent.

CALLAHAN, DENMAN, BOOMER and MOULE, JJ., concur.


SIMONS, J. P.

The appeal is on the sufficiency of the third-party complaints.

Defendants — third-party plaintiffs, are the lessee, owners and developers of a Holiday Inn in the Town of Greece, New York. They have been sued in five negligence actions seeking damages for wrongful death, personal injuries and property damage allegedly sustained by guests of the motel when a fire destroyed it on November...

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