PLEASE TAKE NOTICE, that the plaintiff in the above entitled action hereby appeals to the Appel5 late Division of the Supreme Court, Second Department, from the judgment of the Supreme Court, Nassau County, entered in the office of the Clerk of Nassau County on the 18th day of February, 1931, in favor of the defendant, William J. McBride, and against the plaintiff, Charles Muller, upon the merits, and for the sum of sixtyeight dollars and thirty-five cents ($68.35) costs as taxed, and from each and every part of said judgment as well as from the whole thereof. To the above named Defendant: YOU ARE HEREBY SUMMONED to answer the complaint in this action, and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the plaintiff's attorney within twenty days after the service of this summons exclusive of the day of service, and in case of your failure to appear, or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated, New York, October 18th, 1930. WILLIAM F. LALLY, Attorney for Plaintiff, 9 10 Complaint. SUPREME COURT, NASSAU COUNTY. [SAME TITLE.] Plaintiff, complaining of the defendant, alleges on information and belief: First: That at all the times hereinafter mentioned, the defendant owned and maintained a 11 certain motor vehicle bearing New York State li 12 cense number 5R2794. Second: That at all the times hereinafter mentioned, the aforesaid motor vehicle was operated and controlled by the defendant. Third: That at all the times hereinafter mentioned, the plaintiff was a volunteer fireman, and a member of the North Bellmore Fire Department. Fourth: That at all the times hereinafter mentioned, the North Bellmore Fire Department owned, maintained, operated and controlled a certain automobile fire apparatus. Fifth: That on or about the 15th day of July, 1930, while the plaintiff was lawfully riding on the right running board of the aforesaid fire apparatus, which was proceeding in a southerly direction on Little Neck Road, at its intersection with Southern State Parkway, in the Town of North Bellmore, County of Nassau, New York, the aforesaid automobile owned by the defendant was so carelessly and negligently maintained, op- 13 erated and controlled, by the defendant, that it was caused to collide with the said fire apparatus, as a result of which the plaintiff sustained severe, painful and permanent injuries to his body, health, nerves and nervous system, and has lost and will lose his wages at his usual avocation, and has spent and will be obliged to spend large sums of money in an endeavor to cure himself, all to his damage in the sum of Fifty Thousand ($50,000) dollars. Sixth: That the aforesaid collision and the injuries resulting therefrom, were caused wholly and solely through the negligent acts and omissions on the part of the defendant, his agents, servants or employees, and without any negligence on the part of the plaintiff contributing thereto. WHEREFORE plaintiff demands judgment against the defendant, in the sum of Fifty thousand ($50,000) dollars, together with the costs and disbursements of this action. WILLIAM F. LALLY, (Duly verified by Plaintiff on October 18th, 14 15 1930.) 16 Answer. SUPREME COURT, NASSAU COUNTY. [SAME TITLE.] The defendant, William McBride, answering the complaint: First: Denies that he has any knowledge or information sufficient to form a belief as to any of the allegations contained in subdivisions num17 bered "Third" and "Fourth" of the complaint. 18 Second: Denies each and every allegation contained in subdivision numbered "Fifth" of the complaint except the allegations therein contained setting forth the injuries and damage alleged to have been sustained by the plaintiff and as to those allegations denies that he has any knowledge or information sufficient to form a belief. Third: Denies each and every allegation contained in subdivision numbered "Sixth" of the complaint. WHEREFORE, the defendant, William McBride, demands judgment that the complaint be dismissed with costs. JAMES E. TURNER, Office & P. O. Address, (Duly verified by Defendant on October 31st, |