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METRO. SAND CORP. v. LIPSON

4 Misc.2d 216 (1956)

Metropolitan Sand & Gravel Corporation, Plaintiff, v. Sam H. Lipson, as Trustee in Bankruptcy for Carl Caristo and Another, Individually and as Copartners Doing Business as Atlas Construction Company, et al., Defendants. Planet Construction Corp., in Behalf of Itself and All Other Persons Entitled to Share in the Funds Received or to be Received by Carl Caristo and Another, Copartners Doing Business as Atlas Construction Co., Third-Party Plaintiff, v. Lafayette National Bank et al., Third-Party Defendants.

Supreme Court, Special Term, Queens County.

November 27, 1956.

Attorney(s) appearing for the Case

Pallister Hamilton Feely for Lafayette National Bank, third-party defendant.

Tannenbaum & Goldweber for plaintiff.

Benjamin Jaffe for third-party plaintiff.

Max E. Greenberg for Carl Caristo and another, third-party defendants.

NICHOLAS M. PETTE, J.

Motion by the third-party defendant, Lafayette National Bank (hereinafter called Lafayette), pursuant to rule 112 of the Rules of Civil Practice, for judgment on the pleadings dismissing the amended third-party complaint upon the grounds (1) that it fails to state facts sufficient to constitute a cause of action, (2) that it fails to state facts sufficient to constitute a third-party cause...

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