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Artic Fruit Ices, Inc. v. Service Butter & Egg Co.

232 A.D. 695 Court N.Y. App. Div. English

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Majority

p. 695
Artic Fruit Ices, Inc., Plaintiff, v. Service Butter & Egg Co., Inc., Respondent, and Alex Grossman & Co., Inc., Appellant.

Order reversed upon the law and the facts, with ten dollars costs and disbursements, and motion to bring in as a party defendant Alex Grossman & Co., Inc., denied, with ten dollars costs. It does not appear that Alex Grossman & Co., Inc., “ is or will be liable ”[1] to Service Butter & Egg Co., Inc. It “ may ” be liable, but this is not sufficient. Lazansky, P. J., Hagarty, Carswell, Scudder and Tompkins, JJ., concur.

* See Civ. Prae. Act, § 193, subd. 2, as amd. by Laws of 1923, chap. 250.— [Rep.