MURRAY v. SCHMIDT


203 A.D.2d 541 (1994)

611 N.Y.S.2d 27

John K. Murray et al., Respondents, v. Frederick J. Schmidt, Defendant and Third-Party Plaintiff-Respondent. George Lyons, Third-Party Defendant-Appellant

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

April 25, 1994


Ordered that the order is reversed, on the law, the motion is granted, and the third-party complaint is dismissed, with one bill of costs payable by the respondents appearing separately and filing separate briefs.

We agree with the appellant's contention that there is no basis to hold him liable for the happening of the accident between a moped driven by the plaintiff and an automobile driven by the defendant third-party...

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