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GERALD MCMAHON v. MAE D. HOUSER (07/09/69)

SUPREME COURT OF NEW YORK, MONROE COUNTY 1969.NY.42540 <http://www.versuslaw.com>; 302 N.Y.S.2d 238; 59 Misc. 2d 1023 July 9, 1969 GERALD MCMAHON, BY HIS GUARDIAN AD LITEM, JUDITH MCMAHON, PLAINTIFF,v.MAE D. HOUSER, DEFENDANT Thomas W. O'Connell for plaintiff. Nixon, Hargrave, Devans & Doyle (John B. McCrory of counsel), for defendant. Marshall E. Livingston, J. Author: Livingston


Marshall E. Livingston, J.

Author: Livingston

 This is, in effect, a motion by plaintiff to vacate a preclusion order and to compel defendant to accept plaintiff's bill of particulars and to set aside the "note of issue and statement of readiness prematurely filed".

The case is a personal injury "knockdown" involving a then nine-year-old boy and an automobile owned and operated by the defendant. The guardian ad litem and mother of the infant plaintiff also joins in a cause of action for consequential damages.

A chronology of the events leading to the preclusion order is helpful:

1968

February 16 Accident occurred

June 11 Plaintiff served summons

June 25 Defendant served notice of retainer and demand

for complaint

August 16 Defendant served notice of motion to dismiss

for failure to serve complaint

August 27 Defendant obtained a 20-day conditional order

of dismissal, which was served on plaintiff's

attorney on September 3

September 20 Plaintiff's complaint, verified ...


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