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KANE v. KANE SHIP REPAIR CORP.

202 Misc. 530 (1952)

Mary F. Kane, Plaintiff, v. Kane Ship Repair Corp., Defendant. Kane Ship Repair Corp., Third-Party Plaintiff, v. John T. Kane, Third-Party Defendant. John T. Kane, Fourth-Party Plaintiff, v. Indemnity Insurance Company of North America, Fourth-Party Defendant.

Supreme Court, Special Term, Kings County.

July 31, 1952.

Attorney(s) appearing for the Case

George A. Garvey for fourth-party defendant and Kane Ship Repair Corp., defendant and third-party plaintiff.

Adolph Koeppel for plaintiff.

Wallach & Wallach for John T. Kane, third-party defendant and fourth-party plaintiff.

MOSS, J.

This is a motion by the Indemnity Insurance Company of North America, a third-party defendant, sued herein as "fourth party defendant," for an order dismissing the third-party complaint against it pursuant to subdivision 4 of section 193-a of the Civil Practice Act, and subdivision 4 of rule 106 of the Rules of Civil Practice. Plaintiff, a passenger in a motor vehicle owned by defendant, instituted an...

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