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  5. 22 N.Y.2d 111 (1968)
 

McDONALD v. AMES SUPPLY CO.

22 N.Y.2d 111 (1968)

John J. McDonald, Plaintiff, v. Ames Supply Co., Inc., Defendant and Third-Party Plaintiff-Appellant, et al., Defendant. Aerosol Research Co., Third-Party Defendant-Respondent.

Court of Appeals of the State of New York.

Decided May 16, 1968.

Attorney(s) appearing for the Case

B. Leo Schwarz and Marc Bazin for appellant.

Richard J. Burke and William R. Ahmuty for respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, KEATING and JASEN concur.

BREITEL, J.

In this product liability action, defendant third-party plaintiff Ames Supply Co. appeals from an order of the Appellate Division, Second Department, unanimously affirming an order of the Supreme Court, Kings County, by a Special Referee to hear and determine. The Special Referee quashed the purported service of the third-party summons and dismissed the third-party complaint against Aerosol Research...

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