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Hodgson v. Albert Elia Building Co.

5 A.D.2d 953 Court N.Y. App. Div. Decision date 1958-03-05 English

Judges Present — McCurn, P. J., Kimball, Williams, Goldman and Halpern, JJ.

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p. 953
Lloyd Hodgson, Plaintiff, v. Albert Elia Building Co. et al., Defendants. Walter S. Kozdranski Co., Inc., Defendant and Third-Party Plaintiff-Respondent, v. Francis Januszewski, Third-Party Defendant-Appellant.

Order reversed, with $10 costs and disbursements to appellant and motion granted, with $10 costs, with leave to the respondent to serve an amended third-party complaint within twenty days after service of a copy of the order with notice of entry thereof, upon payment of the costs of the motion and of this appeal, upon the ground that the third-party complaint fails to state a cause of action. All concur. (Appeal from an order of Niagara Special Term, denying a motion by the third-party defendant for an order dismissing the third-party complaint, in a negligence action.)

Present — McCurn, P. J., Kimball, Williams, Goldman and Halpern, JJ.