CINAT v. GREAT ATL. & PAC. TEA CO.


2 A.D.2d 859 (1956)

Paul Cinat et al., Plaintiffs, v. Great Atlantic & Pacific Tea Company, Defendant and Third-Party Plaintiff-Respondent. S. R. Dade Realty, Inc., Third-Party Defendant-Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 22, 1956


Order reversed, without costs, and motion granted, with leave to respondent, if so advised, to serve a further amended third-party complaint within 20 days after the entry of the order hereon.

Although the amended third-party complaint alleges a covenant on the part of appellant to repair, it contains no allegation that appellant retained any control over the premises, sufficient to give rise to liability for tort, or that appellant had retained the right to re-enter...

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