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McNEILL v. SUCCOP

10 Misc.2d 608 (1957)

Marjorie McNeill et al., Plaintiffs, v. A. Craig Succop et al., Defendants. David Loushay, Defendant and Third-Party Plaintiff, v. Roberts Numbering Machine Company, Third-Party Defendant.

Supreme Court, Special Term, Kings County.

November 15, 1957.

Attorney(s) appearing for the Case

Fulton, Walter & Holley for third-party defendant.

B. Leo Schwartz for plaintiffs.

Chapman & Burke for defendant and third-party plaintiff.

ANTHONY J. DI GIOVANNA, J.

This is a motion to dismiss an amended third-party complaint on the ground that it fails to state facts sufficient to constitute a cause of action. The motion is made on alternative grounds, that is, under subdivision 4 of rule 106 of the Rules of Civil Practice and on the further ground that it is insufficient as a third-party complaint under section 193-a of the Civil Practice Act...

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