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STABILE v. VITULLO

280 A.D. 191 (1952)

Jennie Stabile, Plaintiff, v. Angelina Vitullo et al., as Trustees under The Will of Florio Vitullo, Deceased, Respondents and Third-Party Plaintiffs. Utica Brewing Co., Inc., Third-Party Defendant-Appellant Albert Stabile, Plaintiff, v. Angelina Vitullo et al., as Trustees under The Will of Florio Vitullo, Deceased, Respondents and Third-Party Plaintiffs. Utica Brewing Co., Inc., Third-Party Defendant-Appellant

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

May 16, 1952.

Attorney(s) appearing for the Case

J. Stuart Fero and James M. O'Hara for Utica Brewing Co., Inc., third-party defendant-appellant.

Joseph T. Hopkins for respondents and third-party plaintiffs.

All concur. Present — TAYLOR, P. J., McCURN, VAUGHAN, PIPER and WHEELER, JJ.

Per Curiam.

This is an appeal from an order denying a motion under rule 106 of the Rules of Civil Practice to dismiss a third-party complaint on the ground that it fails to state facts sufficient to constitute a cause of action.

It appears from the complaint that the defendant trustees, hold, manage and operate a building known as 662-668 Bleecker Street, Utica, New York; that on the third floor of said building...

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