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TRAUB v. DINZLER

309 N.Y. 395 (1955)

Edward L. Traub, Appellant, v. Thomas Dinzler, Respondent and Third-Party Plaintiff-Appellant. Victoria Television Corp. et al., Third-Party Defendants-Respondents.

Court of Appeals of the State of New York.

Decided December 28, 1955

Attorney(s) appearing for the Case

Arthur A. Kaye and Gerald Moss for appellant.

William C. Mattison and Thomas P. Curtin for respondent-appellant.

William E. Lyons for Victoria Television Corp., third-party defendant-respondent.

James E. Boboras and Francis J. Parks for Hjalmar V. Sorenson, third-party defendant-respondent.

CONWAY, Ch. J., DESMOND, FULD, FROESSEL and VAN VOORHIS, JJ., concur; DYE, J., taking no part.

BURKE, J.

The plaintiff appeals from a judgment affirming the dismissal of the complaint on the merits, and the defendant, Dinzler, third-party plaintiff-appellant, appeals from the affirmance of the dismissal of the third-party complaint against Victoria Television Corp. and Sorenson.

The plaintiff Traub instituted this action against the defendant Dinzler for personal injuries sustained by Traub in a...

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