WOODRUFF v. HELLER


286 A.D. 1017 (1955)

Tinna Woodruff, as Administratrix of The Estate of Lloyd Woodruff, Deceased, Respondent, v. Frank J. Heller et al., Appellants, et al., Defendants Frank J. Heller et al., Third-Party Plaintiffs, v. Rizzi Construction Co., Inc., Third-Party Defendant. (Action No. 1, Supreme Court — Westchester County.) Paul Jakubec, Respondent, v. Heathcote Overhill Corp. et al., Appellants Heathcote Overhill Corp. et al., Third-Party Plaintiffs, v. Rizzi Construction Co., Inc., Third-Party Defendant. (Action No. 2, Supreme Court — Bronx County.) Charles Pothoff et al., Respondents, v. Frank J. Heller et al., Appellants; Scarsdale Supply Company, Respondent, et al., Defendants Frank J. Heller et al., Third-Party Plaintiffs, v. Rizzi Construction Co., Inc., Third-Party Defendant. (Action No. 3, Supreme Court — Queens County.) Anne T. De Gregory, as Administratrix of The Estate of Raymond P. De Gregory, Deceased, Respondent, v. Frank J. Heller et al., Appellants; Scarsdale Supply Company, Respondent, et al., Defendants Frank J. Heller et al., Third-Party Plaintiffs, v. Rizzi Construction Co., Inc., Third-Party Defendant. (Action No. 4, Supreme Court — Westchester County.) Thomas Marshall, Respondent, v. Frank J. Heller et al., Appellants; Scarsdale Supply Company, Respondent, et al., Defendants Frank J. Heller et al., Third-Party Plaintiffs, v. Rizzi Construction Co., Inc., Third-Party Defendant. (Action No. 5, Supreme Court — Westchester County.) Jeremiah O'Leary, Respondent, v. Frank J. Heller et al., Defendants; Arthur D. Stolle-Delval Corp. et al., Appellants, and Scarsdale Supply Company, Respondent Arthur D. Stolle-Delval Corporation et al., Third-Party Plaintiffs, v. Rizzi Construction Co., Inc., Third-Party Defendant. (Action No. 6, Supreme Court — New York County.)

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

October 3, 1955.


Order affirmed, without costs.

On this record there was no abuse of discretion in denying the motion for...

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