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FULATER v. PALMER'S GARAGE

110 Misc.2d 1003 (1981)

Max Fulater et al., Plaintiffs, v. Palmer's Granite Garage, Inc., et al., Defendants.

Supreme Court, Oswego County.

July 28, 1981

Attorney(s) appearing for the Case

Sugarman, Wallace, Manheim & Schoenwald for plaintiffs. Carrigan & Ryan for Palmer's Granite Garage, Inc., defendant. Germain & Germain for Cheryl Scerbo, as Administratrix of the Estate of Gary Scerbo, defendant.

LEO F. HAYES, J.

This motion presents one question: who owned a particular truck on October 5, 1980, the day its driver was killed and plaintiffs were injured in a traffic accident? Either the truck belonged to the driver, Gary Scerbo, doing business as Chet's Auto Glass, or it still belonged to the dealership, Palmer's Granite Garage, Inc. (hereinafter Palmer's) that had ordered the truck from General Motors on behalf of Mr. Scerbo.

Plaintiffs...

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