DENNISTON v. GREAT A. & P. TEA CO.


4 Misc.2d 421 (1956)

Mary M. Denniston, Plaintiff, v. Great Atlantic & Pacific Tea Co., Inc., et al., Defendants.

Supreme Court, Special Term, Monroe County.

December 14, 1956.


Attorney(s) appearing for the Case

Casper V. Baltensperger for Great Atlantic & Pacific Tea Co., Inc., defendant.

Bernard Helfenstein, William A. Specht and Abraham Seidner for Grace Homes, Inc., defendant.

Frederick R. Clark and Charles P. Maloney for plaintiff.


JAMES C. O'BRIEN, J.

The motion of defendant Great Atlantic & Pacific Tea Co., Inc., herein referred to as "A. & P.", to dismiss the cross claim is granted, with $10 costs against defendant Grace, with leave to defendant Grace to serve an amended cross complaint, if it be so advised, service to be made within 20 days after entry of the order hereon.

The main complaint alleges that plaintiff was caused to fall upon the icy surface of a...

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