Bernstein v. Albany Garage, Inc.

This action, commenced on October 22,1959 by Benjamin Bernstein, as guardian ad litem of Stephen Bernstein, an infant and Benjamin Bernstein, individually, alleges that on July 18, 1959, while on premises of defendant Albany Garage, Inc., infant plaintiff was bitten by a dog, which was owned by Charles Averill.

On or about the 5th day of January, 1960, defendant Albany Garage Inc. served a third-party summons, returnable January 14, 1960, on Charles Averill, the latter therein named third-party defendant. The matter was adjourned until January 20, when a third-party verified complaint was…