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MAGEE v. LANDERS

122 Misc.2d 736 (1984)

Robert P. Magee, Jr., Plaintiff, v. Joseph E. Landers et al., Defendants. Joseph E. Landers et al., Third-Party Plaintiffs, v. AGK Communications, Inc., Doing Business as WAQX-95.3 FM Stereo, Third-Party Defendant.

Supreme Court, Onondaga County.

January 24, 1984

Attorney(s) appearing for the Case

Edward W. Dietrich, P. C., for third-party defendant. MacKenzie, Smith, Lewis, Michell & Hughes for Joseph E. Landers and another, defendants and third-party plaintiffs. Jeffrey B. Davis for George L. Riva, Jr., defendant.

EDWARD F. McLAUGHLIN, J.

Third-party defendant AGK Communications, Inc., doing business as WAQX-95.3 Stereo (hereinafter 95X) moves to dismiss the third-party complaint for failure to state a cause of action. The issue to be decided is whether 95X, a radio station that, together with defendant Riva, the owner and operator of a tavern, cosponsored and promoted a "bar party" at which alcoholic beverages were dispensed without charge, may be held liable...

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