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MTR SPURLING v. BEACH

93 A.D.2d 306 (1983)

In the Matter of Michael Spurling, Respondent, v. Charles E. Beach et al., Individually and Doing Business as West Eaton Gulf Service, Appellants, et al., Respondents

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

May 5, 1983

Attorney(s) appearing for the Case

John S. Hogg for appellants.

Peter P. Paravati, P. C. (Constance J. Angelini of counsel), for Michael Spurling, respondent.

KANE, J. P., MIKOLL, YESAWICH, JR., and LEVINE, JJ., concur.

MAIN, J.

While pumping gas in the course of his part-time employment at the West Eaton Gulf Service Station in the Town of Eaton, Madison County, at approximately 7:30 P.M. on February 11, 1979, petitioner Michael Spurling sustained severe injuries when he was struck by an automobile owned by Mary H. Remington and operated by Gene F. Stoddard. At that time, the service station was owned and operated by Charles...

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