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DALURY v. LUTZ

198 Misc. 749 (1950)

Grace Dalury, Plaintiff, v. George Lutz et al., Copartners Doing Business under the Name of Rocky Point Recreation Center, Defendants and Third-Party Plaintiffs. Frank Thompson, Doing Business as Thompson Amusement Company and Thompson Novelty Corp., Third-Party Defendants.

Supreme Court, Special Term, Queens County.

October 4, 1950.

Attorney(s) appearing for the Case

Samuel Weinreb for third-party defendants.

Keegan & Eberlein for third-party plaintiffs.

COLDEN, J.

This is a motion by third-party defendants impleaded pursuant to section 193-a of the Civil Practice Act and rule 54 of the Rules of Civil Practice to dismiss the third-party complaint for legal insufficiency.

The plaintiff brought the original action to recover damages for personal injuries claimed to have been sustained by her on September 18, 1948, while she was a patron of the defendants...

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