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ST. PIERRE v. WATERVLIET

127 Misc.2d 135 (1985)

David W. St. Pierre, Jr., an Infant, by His Mother, Cindy Brammer, et al., Plaintiffs, v. City of Watervliet et al., Defendants.

Supreme Court, Special Term, Albany County.

January 14, 1985

Attorney(s) appearing for the Case

Seymour Fox, P. C., for plaintiffs. Donald D. Gulling, Jr., for Ralph B. Hartman and another, defendants.

LAWRENCE E. KAHN, J.

Plaintiff, Cindy Brammer, moves for an order pursuant to CPLR 3211 and/or 3212 dismissing the counterclaim for indemnification asserted by Ralph B. Hartman, Sr., and Anne Hartman (defendants). The action seeks to recover money damages for personal injuries alleged to have been sustained by the then one-year-old infant plaintiff, while he was riding a child's Smurfmobile (tricycle) on the sidewalk adjacent to 817 Fourth Avenue in the...

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