ATLAS EXP. CORP. v. CON. EDISON CO.


4 Misc.2d 238 (1955)

Atlas Clothing Export Corp., Plaintiff, v. Consolidated Edison Company of New York, Inc., Defendant and Third-Party Plaintiff. Thomas Crimmins Construction Co., Inc., et al., Third-Party Defendants.

Supreme Court, Special Term, New York County.

January 7, 1955.


Attorney(s) appearing for the Case

Wait, Wilson, Newton & Campbell for Thomas Crimmins Construction Co., Inc., third-party defendant.

Keegan & Clarke for third-party plaintiff.


MATTHEW M. LEVY, J.

Before I set forth the facts and the precise nature of this motion, I shall note several applicable general principles: (1) When a defendant seeks dismissal of a complaint for alleged insufficiency on its face, the plaintiff's bill, particularizing the allegations of the complaint, may be taken not only in support of the complaint (Green v. Doniger, 300 N.Y. 238

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