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RIFENBURY v. GERRITY

96 A.D.2d 660 (1983)

Jeffrey Rifenbury, Plaintiff, v. James F. Gerrity, Defendant and Third-Party Plaintiff-Respondent, et al., Defendants. William J. Rifenbury et al., Third-Party Defendants-Appellants

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

July 21, 1983

The instant action arises out of a motor vehicle accident on April 14, 1980, in which defendant James F. Gerrity's vehicle struck the vehicle operated by third-party defendant William J. Rifenbury. Plaintiff, a passenger in the rear of the Rifenbury vehicle, was injured. After suit was commenced, defendant Gerrity initiated a third-party action against Rifenbury and his wife in a complaint alleging only that the "accident was caused by the negligence of the third-party defendants...

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