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PATTON v. CARNRIKE

No. 78-CV-464.

510 F.Supp. 625 (1981)

Richard A. PATTON, Administrator of the Estate of Carl W. Patton, Deceased, and Richard and Betty Patton, in Their Own Right, Plaintiffs, v. Charles CARNRIKE and Susan Carnrike, a/k/a Marlene Carnrike, d/b/a Carnrike's Market, Defendants.

United States District Court, N. D. New York.

March 6, 1981.

Attorney(s) appearing for the Case

Smith, Sovik, Kendrick, McAuliffe & Schwarzer by Martin F. Kendrick, Syracuse, N. Y., for plaintiffs.

Friedlander, Friedlander & Reizes by Peter N. Littman, Waverly, N. Y., for defendants.

MEMORANDUM and ORDER

MacMAHON, District Judge.*

Plaintiffs seek damages, pursuant to New York's Dram Shop Act,1 for injuries allegedly sustained by their decedent son in a single vehicle highway accident. Defendants have asserted an affirmative defense and counterclaim, alleging plaintiffs' failure to exercise proper parental supervision of their son's conduct. Plaintiffs now move to strike this defense...

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