LEMAR PAINT PROD. CO. v. DI MICELI


3 Misc.2d 705 (1956)

Lemar Paint Products Company, Inc., Plaintiff, v. Joseph Di Miceli et al., Copartners Doing Business under the Name of Di Miceli & Perna et al., Defendants. Gulf Construction Linwood Corp., Defendant and Interpleading Plaintiff, v. United States of America, Interpleaded Defendant.

Supreme Court, Special Term, Queens County.

August 2, 1956.


Attorney(s) appearing for the Case

Lester Grossman for plaintiff.

Sol Horenstein for defendant and interpleading plaintiff.

Leonard P. Moore, United States Attorney for Eastern District of New York (H. Elliot Wales of counsel), for interpleaded defendant.


DAVID KUSNETZ, J.

Motion by plaintiff for summary judgment against the defendant Gulf Construction Linwood Corp. Cross motion by the United States of America for an order dismissing the interpleading complaint and for leave to intervene as a party plaintiff.

Plaintiff sold some paint to the defendants Di Miceli and Perna, who had contracted to do some work for the defendant Gulf. As a result of these...

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