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ANDREWS v. McDONALD

47 Misc.2d 430 (1965)

Gilbert Andrews, Plaintiff, v. Mable E. McDonald, as Administratrix of The Estate of John R. McDonald, Deceased, et al., Defendants.

Supreme Court, Special Term, Onondaga County.

June 14, 1965

Attorney(s) appearing for the Case

Mackenzie, Smith, Lewis, Michell & Hughes for Wincent G. Hecht, defendant. Norman D. Freeman for plaintiff.

RICHARD J. CARDAMONE, J.

This is a motion made by the defendant, Wincent G. Hecht, doing business as Hecht Construction Company to dismiss the plaintiff's complaint as against him pursuant to the provisions of CPLR 3212.

The plaintiff was injured in an airplane accident on April 19, 1963 at Tompkins County Airport. An action was commenced by the service of a summons in November of 1964. The complaint was served February 4, 1965. The defendants...

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