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MERRIWEATHER v. BOLAND & CORNELIUS

14 Misc.2d 997 (1958)

Martin L. Merriweather, Plaintiff, v. Boland & Cornelius, Defendants and Third-Party Plaintiffs. Pittston Stevedoring Corp., Third-Party Defendant.

Supreme Court, Special Term, Erie County.

March 28, 1958.

Attorney(s) appearing for the Case

Jaeckle, Fleischmann, Kelly, Swart & Augspurger (J. Edmund De Castro, Jr., of counsel), for third-party defendant.

Coffey, Heffernan & Harrison (Fenton F. Harrison of counsel), for third-party plaintiff.

REGIS O'BRIEN, J.

The third-party defendant moves, pursuant to section 193-a of the Civil Practice Act, to dismiss the third-party complaint for legal insufficiency.

The original complaint of Martin L. Merriweather, employed by the third-party defendant, alleges a cause of action in negligence against Boland & Cornelius, the third-party plaintiff. Merriweather seeks money damages for injuries he...

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