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AMMANN & WHITNEY v. EDGARTON

12 Misc.2d 119 (1957)

Ammann and Whitney, Plaintiff, v. Edgarton and Edgarton, Defendant and Third-Party Plaintiff. Western Foundation Corporation et al., Third-Party Defendants.

Supreme Court, Special Term, Onondaga County.

January 25, 1957.

Attorney(s) appearing for the Case

Nevius, Jarvis & Pilz for West Foundation Corporation, third-party defendant.

Costello, Cooney & Fearon for defendant and third-party plaintiff.

HENRY A. HUDSON, J.

This motion is made by the third-party defendant, Western Foundation Corporation, to dismiss the third-party complaint served upon it by the defendant, Edgarton and Edgarton. The motion is made under rule 106 of the Rules of Civil Practice upon the sole ground that the third-party complaint on its face fails to state facts sufficient to constitute a cause of action. Upon such a motion, all...

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