Short v. Thygiesen

Order and judgment unanimously reversed, with costs, and motion denied. Memorandum: Defendant Donald G. Dibble appeals from an order and judgment granting defendant Robert J. Thygiesen’s motion for dismissal of Dibble’s cross claim against him in plaintiffs’ negligence action against these two defendants to recover for injuries which the infant plaintiff suffered on October 18, 1972 while a passenger in Thygiesen’s automobile when it was in collision with defendant Dibble’s automobile. Plaintiffs’ action was begun in January, 1973. In June, 1973 defendant Thygiesen settled with plaintiffs for…