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GROTH v. MASNAKOFF

204 Misc. 268 (1953)

Edward C. Groth et al., Plaintiffs, v. Louis Masnakoff, Defendant and Third-Party Plaintiff. Metal Craft Development Company, Third-Party Defendant.

Supreme Court, Special Term, Queens County.

May 25, 1953.

Attorney(s) appearing for the Case

Sidney A. Schwartz for third-party defendant.

William J. White for plaintiffs.

Jerome Scharoff for defendant and third-party plaintiff.

HILL, J.

Motion by the third-party defendant to dismiss the third-party complaint on the ground that it fails to state a cause of action.

The plaintiffs bring their action against the defendant (third-party plaintiff) for personal injuries on the theory of the negligence of the third-party plaintiff (defendant) in the operation of an automobile owned and driven by the third-party plaintiff (defendant). At the time of the accident both were employed...

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