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PUTVIN v. BUFFALO ELEC. CO., INC.

4 A.D.2d 1009 (1957)

Julia Putvin, as Administratrix of The Estate of Percy J. Putvin, Deceased, Plaintiff, v. Buffalo Electric Co., Inc., et al., Defendants Joseph Davis, Inc., et al., Defendants and Third-Party Plaintiffs-Respondents, v. Novadel Agene Corporation (now Wallace & Tiernan, Inc.), Third-Party Defendant-Appellant Dolores Holzman, as Administratrix of The Estate of Allan T. Holzman, Deceased, Plaintiff, v. Buffalo Electric Company, Inc., et al., Defendants Joseph Davis, Inc., Third-Party Plaintiff-Respondent, v. Novadel Agene Corporation (now Wallace & Tiernan, Inc.), Third-Party Defendant-Appellant. (And Nine Other Actions.)

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

November 15, 1957

Order reversed, with $10 costs and disbursements, and motions granted, with $10 costs.

Memorandum:

The appellant concedes that the primary complaint in this action and the third-party complaint are identical with those passed upon by this court in Putvin v. Buffalo Elec. Co. (3 A.D.2d 805). The several actions arise out of the same state of facts which relate to an explosion on the premises of the third-party defendant...

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