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Offiong v. Wilson

278 A.D. 705 Court N.Y. App. Div. Decision date 1951-03-12 English

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p. 705
Daniel Offiong et al., Respondents, v. Dolly Wilson, Defendant and Third-Party Plaintiff-Appellant, et al., Defendants. Martin F. Heneghan, Third-Party Defendant.

Appeal by defendant Dolly Wilson from an order granting plaintiffs’ motion to dismiss the third-party complaint. Order reversed, with $10 costs and disbursements, and the motion denied, without costs. There is no such “ mixture of claims ” which would prevent bringing in the third-party defendant. (Spector v. Hallan, 173 Mise. 416, affd. 173 Mise. 418.) Carswell, Acting P. J., Johnston, Adel, Wenzel and MacCrate, JJ., concur.