FERGUSON v. WOLKIN


131 Misc.2d 304 (1986)

Gloria J. Ferguson, Plaintiff, v. Victor Wolkin, Defendant and Third-Party Plaintiff. Riverfront East Medical Center, Ltd., P. C., Third-Party Defendant.

Supreme Court, Niagara County.

March 5, 1986


Attorney(s) appearing for the Case

Grove, Hogan, Hogan, Douglas & Pope (F. Gerard Hogan of counsel), for plaintiff. Handelman & Witkowicz (Debra J. Wolf of counsel), for defendant and third-party plaintiff. Phillips, Lytle, Hitchcock, Blaine & Huber (James W. Whitcomb of counsel), for third-party defendant.


JOSEPH D. MINTZ, J.

Third-party defendant moves to dismiss the third-party complaint for failure to state a cause of action. Defendant/third-party plaintiff cross-moves for summary judgment against the plaintiff. The facts for purposes of these motions are as follows: On October 30, 1982, plaintiff was injured in an automobile accident which necessitated a disability leave from her employment at Harrison Radiator. Apparently, either by request of the...

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