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DICK v. SUNBRIGHT STEAM LAUNDRY CORP.

307 N.Y. 422 (1954)

Irving S. Dick, Plaintiff, v. Sunbright Steam Laundry Corp., Defendant, and Third-Party Plaintiff-Respondent. City of New York, Third-Party Defendant-Appellant.

Court of Appeals of the State of New York.

Decided July 14, 1954

Attorney(s) appearing for the Case

Adrian P. Burke, Corporation Counsel (Leo Sachnoff, Harry E. O'Donnell and Benjamin Offner of counsel), for appellant.

Samuel Wollan for respondent.

CONWAY, FROESSEL and VAN VOORHIS, JJ., concur with DYE, J.; FULD, J., dissents in an opinion in which LEWIS, Ch. J., and DESMOND, J., concur.

DYE, J.

The City of New York appeals to this court by permission of the Appellate Division, First Department, from its nonunanimous order affirming an order of the Supreme Court, New York County, denying the city's motion to dismiss the amended third-party complaint for failure to state a cause of action. The following question has been certified: "Was the order of Special Term proper in denying the third-party defendant's...

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