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Colombo v. Russ Realty Corp.

4 A.D.2d 1013 Court N.Y. App. Div. Decision date 1957-12-03 English

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p. 1013
Daniel Colombo, an Infant, by Patrick Colombo, His Guardian ad Litem, et al., Plaintiffs, v. Russ Realty Corporation, Defendant and Third-Party Plaintiff-Appellant. Otis Elevator Company, Third-Party Defendant-Respondent.

Judgment insofar as appealed from unanimously affirmed, and the third-party defendant-respondent recover of the defendant and third-party plaintiff-appellant the costs of the appeal. We do not reach the question of alleged error in the charge because of our view that the third-party plaintiff failed to establish its cause of action. Concur — Breitel, J. P., Rabin, Frank, Valente and McNally, JJ.