AULISIO v. CALIFORNIA OIL CO.


202 Misc. 1050 (1952)

Anthony Aulisio et al., Plaintiffs, v. California Oil Company, Defendant, and P. S. Potter & Sons, Inc., Defendant and Third-Party Plaintiff. Raymond J. Bunora et al., Third-Party Defendants.

Supreme Court, Special Term, Ulster County.

May 10, 1952.


Attorney(s) appearing for the Case

Cook & Cook for Fidelity and Casualty Company of New York, third-party defendant.

Abraham Streifer for defendant and third-party plaintiff.


TAYLOR, J.

The second third-party defendant pursuant to rule 106 of the Rules of Civil Practice moves to dismiss the complaint of the third-party plaintiff for legal insufficiency. The gravamen of the original complaint is negligence upon a claim that the defendants, including the third-party plaintiff, in violation of their duty to construct, maintain, inspect and repair pumps, tanks and equipment located on...

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