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ALDEN v. BROOKS

132 Misc.2d 1027 (1986)

Donna Alden et al., Plaintiffs, v. Samuel Brooks, Defendant. (Action No. 1.) Bernice Brooks, Plaintiff, v. Donna Alden et al., Defendants and Third-Party Plaintiffs. Samuel Brooks, Third-Party Defendant. (Action No. 2.) Samuel Brooks, Plaintiff, v. County of Nassau et al., Defendants. (Action No. 3.)

Supreme Court, Nassau County.

July 25, 1986

Attorney(s) appearing for the Case

Donald J. Cayea & Associates for Samuel Brooks, plaintiff in action No. 3. Edward O'Brien, County Attorney (Mary Rita Wallace of counsel), for County of Nassau, defendant in action No. 3. Lerner, Gordon & Hirsch for Donna Alden, defendant in action No. 3.

ALLAN L. WINICK, J.

In this case, plaintiff, Samuel Brooks, moves to dismiss the second counterclaim interposed by defendant, County of Nassau, in action No. 3, pursuant to CPLR 3211 (a) (7).

These actions arise out of an automobile collision which occurred between an automobile owned and operated by Brooks and a police vehicle owned by the County of Nassau and operated by Donna Alden (codefendant...

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