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SULLIVAN v. O'RYAN

206 Misc. 212 (1954)

Stephen P. Sullivan, an Infant, by William J. Sullivan, His Guardian ad Litem, et al., Plaintiffs, v. John O'Ryan, an Infant, Defendant, and Holmes O'Ryan, Defendant and Third-Party Plaintiff. Joseph O'Brien, an Infant, Third-Party Defendant.

Supreme Court, Special Term, Westchester County.

July 20, 1954.

Attorney(s) appearing for the Case

John E. Asch for Holmes O'Ryan, defendant and third-party plaintiff.

Pittore & Leary for third-party defendant.

Robert J. Trainor for plaintiffs.

BRENNAN, J.

The original application herein which came on before this court on June 21, 1954, was one in which the third-party defendant moved to dismiss the third-party complaint for legal insufficiency. On the said return date, there was no opposition to the original application and the same was granted. The third-party plaintiff has now made application to be relieved of his default in not opposing the original...

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