KILE v. RIEFLER BROS. CONTRACTORS


282 A.D. 1000 (1953)

Helen Kile, as Administratrix of The Estate of Robert Kile, Deceased, Plaintiff, v. Riefler Brothers Contractors et al., Defendants Shanks Construction Co., Inc., Defendant and Third-Party Plaintiff-Respondent, v. Ernst Construction Corporation, Third-Party Defendant-Appellant

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

November 11, 1953.


Order insofar as appealed from reversed on the law and facts, with $10 costs and disbursements, and motion to dismiss the third-party complaint granted, with $10 costs.

Memorandum:

We interpret the third-party complaint as a complete disavowal of negligence on the part of the defendant and third-party plaintiff, thus eliminating any possible premise upon which the original plaintiff could obtain a judgment against the third-party plaintiff. A valid basis for...

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