TABOR v. STEWART


277 A.D. 1075 (1950)

Mildred R. Tabor, as Temporary Administratrix of The Estate of Basil Tabor, Deceased, Respondent, v. Donald K. Stewart, Defendant and Third-Party Plaintiff-Respondent. Percy W. Dake et al., Doing Business as P. W. and C. V. Dake, Third-Party Defendants-Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 15, 1950.


The action was brought against Stewart alone to recover damages for the death of plaintiff's intestate, an employee of the third-party defendants, who fell through the ceiling of premises owned by Stewart. Stewart has served a third-party complaint pursuant to the provisions of section 193-a of the Civil Practice Act, which is the pleading under attack and which alleges that the premises where the accident occurred were in the exclusive possession and control of the third...

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