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,
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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.https://leagle.com/images/logo.png
January 7, 1955.
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.
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