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Colusso v. Revel Realty & Securities Co.

274 A.D. 1055 Court N.Y. App. Div. Decision date 1949-01-31 English

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p. 1055
Tullio C. Colusso, an Infant, by His Guardian ad Litem, Ferdinando Colusso, et al., Plaintiffs, v. Revel Realty & Securities Company, Defendant and Third Party Plaintiff-Appellant. Hoover Manufacturing and Sales Company, Third Party Defendant-Respondent.

Order unanimously modified so as to provide that the dismissal of the third party complaint is without prejudice to service of another complaint or the bringing of another action for recovery over upon a showing of facts establishing a legal basis therefor and, as so modified, affirmed, without costs. No opinion. Present — Dore, J. P., Cohn, Callahan, Van Voorhis and Shientag, JJ.