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FUSCALDO v. MIDTOWN WAREHOUSES

16 Misc.2d 324 (1958)

Daniel Fuscaldo, Plaintiff, v. Midtown Warehouses, Inc. et al., Defendants. H. W. Robinson & Co., Inc., Third-Party Plaintiff, v. Liberty Shrinkers Corp., Third-Party Defendant.

Supreme Court, Special Term, New York County.

November 25, 1958.

Attorney(s) appearing for the Case

Simon Klein for plaintiff.

Garvey & Conway for Midtown Warehouses, defendant.

Colton & Pinkham for H. W. Robinson & Co., Inc., defendant and third-party plaintiff.

Bernard Helfenstein and Jacob L. Rothstein for third-party defendant.

JACOB MARKOWITZ, J.

The third-party defendant moves for dismissal of the third-party complaint of H. W. Robinson & Co., Inc., pursuant to rule 106 of the Rules of Civil Practice and section 193-a of the Civil Practice Act. Plaintiff's action in negligence is against the lessee, the third-party plaintiff, and the owner of premises, Midtown Warehouses, Inc., at which there was installed a machine alleged to...

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