Hyperlawhypertext legal database Desimone v. C. J. Burgess Co. Et Al. 278 A.D. 751

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Desimone v. C. J. Burgess Co. Et Al.

278 A.D. 751 Court N.Y. App. Div. Decision date 1951-03-21 English

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p. 751
Mary R. Desimone, as Administratrix of the Estate of Carmen Desimone, Deceased, Plaintiff, v. C. J. Burgess Co. et al., Defendants. Celanese Corporation of America, Defendant and Third-Party Plaintiff-Respondent, v. Central City Roofing Co., Inc., Third-Party Defendant-Appellant.

Order reversed on the law, with $10 costs and disbursements and motion granted, with $10 costs, on the ground that the third-party complaint fails to state facts showing any right of recovery over against the third-party defendant. All concur. (Appeal from an order denying a motion by third-party defendant to dismiss the complaint of the third-party plaintiff.) Present — Taylor, P. J., McCurn, Vaughan, Piper and Wheeler, JJ.