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Sannit v. Buffalo Wire Works Co.

278 A.D. 632 Court N.Y. App. Div. Decision date 1951-01-24 English

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p. 632
Theda Sannit, as Administratrix of the Estate of Raymond D. Sannit, Deceased, Plaintiff, v. Buffalo Wire Works Co., Inc., et al., Defendants, and Elmer J. Doyle, Doing Business as Doyle Painting Co., Defendant and Third-Party Plaintiff-Respondent. Fleisher Engineering and Construction Co., Third-Party Defendant-Appellant, et al., Third-Party Defendant.

Order reversed on the law, with $10 costs and disbursements, and motion granted, with $10 costs, without prejudice to the third-party plaintiff to bring another action, if so advised. Memorandum: We think the third-party complaint alleges only that the third-party- defendant is a joint tort-feasor with the third-party plaintiff. (See Fox V. Western New York Motor Lines, 257 N. Y. 305 .) All concur. (Appeal from an order denying a motion by a third-party defendant to dismiss the complaint by the defendant third-party plaintiff.) Present — MeCurn, Yaughan, Kimball, Piper and Wheeler, JJ.

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