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MIDDLETON v. VIL. OF NICHOLS

114 Misc.2d 596 (1982)

J. Darryl Middleton, Individually and as Parent and Natural Guardian of Darlene A. Middleton, an Infant, Plaintiff, v. Village of Nichols et al., Defendants. Norman Horton et al., Third-Party Plaintiffs, v. Fred Eccleston et al., Third-Party Defendants. Village of Nichols, Third-Party Plaintiffs, v. Ann L. Middleton, Third-Party Defendant.

Supreme Court, Tioga County.

June 24, 1982

Attorney(s) appearing for the Case

Smith, Sovik, Kendrick, McAuliffe & Schwarzer for Ann L. Middleton, third-party defendant. Smyk & Smyk for plaintiff. Robert Eckelberger, Jr., for Village of Nichols, defendant and third-party plaintiff. Levene, Gouldin & Thompson for Norman Horton and another, defendants and third-party plaintiffs. Emnett & Simpson for Fred G. Eccleston, third-party defendant.

HOWARD A. ZELLER, J.

Third-party defendant Ann L. Middleton moves pursuant to CPLR 3211 (subd [a], par 7) to dismiss the third-party complaints of third-party plaintiffs Norman and Lillian Horton, and the Village of Nichols, for failure to state a cause of action.

Third-party defendant Ann L. Middleton avers that on February 23, 1979 she drove her three-year-old daughter Darlene to the home of her babysitter, Lillian Horton; Mrs. Middleton and...

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