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BIZZARRO v. ZIMKOT REALTY CORP.

283 A.D. 816 (1954)

Antonio Bizzarro, Respondent, v. Zimkot Realty Corporation, Appellant and Third-Party Plaintiff. Zimets Bed Spring Corp., Third-Party Defendant

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

March 22, 1954.

Order affirmed, with $10 costs and disbursements.

Having elected to contest plaintiff's claim, the third-party defendant is a party adverse to the plaintiff (Civ. Prac. Act, § 193-a, subd. 2) and may be examined before trial as such.

Nolan, P. J., and MacCrate, J., dissent and vote to dismiss the appeal on the ground that appellant is not a party aggrieved. (Nixon v. Beacon Transp. Corp., 239 App...

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