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ALTIERI v. DORAL CONSTR. CORP.

205 Misc. 733 (1954)

Pasquale Altieri, Plaintiff, v. Doral Construction Corp., Defendant and Third-Party Plaintiff. Simon Holland & Son, Inc., et al., Third-Party Defendants.

Supreme Court, Special Term, Bronx County.

February 23, 1954.

Attorney(s) appearing for the Case

Willard G. Burt for Simon Holland & Son, Inc., third-party defendant, proponent on the motion.

McDevitt, Stricker & Needham for Atlas Erectors Co., third-party defendant.

Cohen, McGuirk & Michels for Borrelli, Inc., third-party defendant.

William J. Tropp and Sidney Goldfinger for defendant and third-party plaintiff, respondent on the motion.

Seymour Gloger for plaintiff.

MATTHEW M. LEVY, J.

The third-party amended complaint appears on its face to plead but one cause of action. But paragraph 16 alleges not only a common-law cause of action for negligence but also a statutory cause of action for negligence under section 241 of the Labor Law. A third-party defendant moves under rule 90 of the Rules of Civil Practice to compel the service of a further amended complaint, separately...

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