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Libby v. Kohlmeyer

232 A.D. 872 Court N.Y. App. Div. English

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p. 872
Maude F. Libby, as Ancillary Administratrix, etc., of Herbert I. Libby, Deceased, Respondent, v. George W. Kohlmeyer and Another, Appellants.

Order affirmed, with ten dollars costs and disbursements. The moving papers fail to show that the third person sought to be brought in as a party defendant is or will be liable to the plaintiff for the claim made in the complaint against defendants. It is not necessary for us to pass upon the other grounds offered to sustain the order. AE concur. Present — Sears, P. J., Crouch, Taylor, Thompson and Crosby, JJ.