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YAMONACO v. MURPHY

38 Misc.2d 585 (1963)

Christine Yamonaco, as Executrix of Pasquale Femiano, Deceased, Plaintiff, v. Genevieve Murphy et al., Doing Business as Bungalow Restaurant, Defendants. Clarence W. Burgess et al., Doing Business as Bungalow Restaurant, Defendants and Third-Party Plaintiffs, v. William Townsend et al., Third-Party Defendants.

Supreme Court, Monroe County.

January 16, 1963

Attorney(s) appearing for the Case

Nixon, Hargrave, Devans & Doyle (William B. Lee of counsel), for third-party defendants. Herbert G. Kuhn for third-party plaintiffs.

G. ROBERT WITMER, J.

This is a motion by third-party defendants, William Townsend and Mary Townsend, to dismiss the third-party complaint of the defendants and third-party plaintiffs, Clarence W. Burgess and Geneva Burgess.

In the original complaint the plaintiff alleges that her testator was killed in an automobile accident caused by the negligence of said William Townsend, operating the automobile of his wife, Mary Townsend; that at said time...

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