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FOCACCI v. CITY OF NEW YORK

2 A.D.2d 902 (1956)

Ettore Focacci, Plaintiff, v. City of New York et al., Defendants, and Martin Epstein Company, Inc., Defendant and Third-Party Plaintiff-Appellant. C. E. Youngdahl & Company, Inc., Third-Party Defendant-Respondent

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

November 26, 1956

Order modified by striking therefrom everything following the words "said third party defendant" and by adding thereto the words "with leave to Martin Epstein Company, Inc., to serve an amended third-party complaint." As so modified, order unanimously affirmed, with $10 costs and disbursements to respondent.

The amended third-party complaint is to be served, if appellant be so advised, within 20 days after entry of the order hereon. Judgment vacated, without costs...

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