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BARRY v. HILDRETH

9 A.D.3d 341 (2004)

780 N.Y.S.2d 159

MARGARET BARRY et al., Plaintiffs, v. HANNA HILDRETH, Defendant and Third-Party Plaintiff-Appellant. ROBERT T. BARRY, Third-Party Defendant-Respondent.

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

July 6, 2004.

Ordered that the order is affirmed, with costs.

The third-party defendant, Robert T. Barry (hereinafter Barry), who is also a plaintiff in the main action, was the driver of a motor vehicle involved in an accident with an automobile driven by the defendant third-party plaintiff, Hanna Hildreth (hereinafter the appellant). Barry and his wife commenced an action to recover damages for personal injuries, etc., against the appellant...

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