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YARISH v. DOWLING

70 Misc.2d 467 (1972)

Lyda Yarish et al., Plaintiffs, v. John W. Dowling et al., Defendants. Western Union Telegraph Company, Third-Party Plaintiff, v. Vincent Yarish, Third-Party Defendant.

Supreme Court, Special Term, Queens County.

June 12, 1972

Attorney(s) appearing for the Case

Theodore T. Weiser for plaintiffs. John M. Evans and Harry J. Burke for Western Union Telegraph Company, defendant and third-party plaintiff. Raymond J. MacDonnell et al., for John W. Dowling, defendant. Benjamin Purvin for third-party defendant. Bennett Oppenheimer for John W. Dowling, plaintiff.

FREDERIC E. HAMMER, J.

In this action for damages for personal injury resulting from negligence, Vincent Yarish (plaintiff and third-party defendant) moves to dismiss the third-party summons and complaint for failure to state a cause of action.

Plaintiff, Vincent Yarish, and plaintiff, Lyda Yarish, his wife, a passenger in his automobile, commenced the instant cause of action for damages for personal injuries sustained in an intersection

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