Legal Opinion

Alden v. Brooks

New York Supreme Court

Decided July 25, 1986Published

1Opinion of the Court

OPINION OF THE COURT

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 in action No. 3). The defendants, in their answer, interposed a counterclaim for the recovery of medical expenses in the sum of $5,541.58, and lost earnings in the amount of…

2Cases cited8 opinions

  1. Orinoco Realty Co. v. . BandlerNew York Court of Appeals · 1922
  2. City of Buffalo v. MaggioNew York Court of Appeals · 1968
  3. People ex rel. Makin v. WalterAppellate Division of the Supreme Court of the State of New York · 1965
  4. City of Buffalo v. MurryAppellate Division of the Supreme Court of the State of New York · 1981
  5. Joyce v. WinklerAppellate Division of the Supreme Court of the State of New York · 1979

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