Western Foundation Corp. v. Five Boro Construction Corp.

Majority

p. 592

Western Foundation Corporation, Plaintiff, v. Five Boro Construction Corp. et al., Defendants. Five Boro Construction Corp. et al., Defendants and Third-Party Plaintiffs, v. City of New York, Third-Party Defendant. Five Boro Construction Corp., Respondent, v. City of New York et al., Defendants. City of New York, Appellant, v. Continental Casualty Company et al., Respondents. City of New York, Third-Party Plaintiff, v. J. Rich Steers, Inc., et al., Third-Party Defendants.

Order entered on December 17, 1959, granting the motion of plaintiff-respondent and the defendants-respondents for summary judgment, pursuant to rules 113 and 114 of -the Rules of Civil Practice, dismissing the first and third counterclaims contained in the answer, and severing the action, unanimously affirmed, with $20 costs and disbursements to the respondents. No opinion. Concur — Botein, P. J., Rabin, McNally, Stevens and Noonan, JJ.