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BONADONNA v. BARRY

28 Misc.2d 454 (1960)

Dorothy Bonadonna et al., Plaintiffs, v. Eileen R. Barry et al., Defendants. (Action No. 1.) Marlen Brown, Plaintiff, v. Eileen R. Barry et al., Defendants. (Action No. 2.) Eileen Barry, Plaintiff, v. Roy Harrington et al., Defendants. (Action No. 3.)

Supreme Court, Onondaga County.

June 6, 1960

Attorney(s) appearing for the Case

Carmen Grasso and Lucien P. Ali for Dorothy Bonadonna and another, plaintiffs. Bond, Schoeneck & King (John L. Madison of counsel), for Geraldine Harrington, defendant. Brown, Mangin & Green (John C. Setright of counsel), for Eileen R. Barry, defendant.

JOHN H. FARNHAM, J.

This is a motion brought under rule 113 of the Rules of Civil Practice for an order dismissing the complaints and directing that judgment to that effect be entered in favor of the defendants.

The crux of the defendants' contention is that there is no issue of fact insofar as these motions are concerned and as a legal question it must be held that section 29 of the Workman's Compensation...

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