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CHINGOS CONSTR. CORP. v. CARLTON PROP.

13 Misc.2d 577 (1958)

Ellis Chingos Construction Corp., Plaintiff, v. Carlton Properties, Inc., et al., Defendants. Private Investors Corporation et al., Defendants and Third-Party Plaintiffs, v. Federal Insurance Company, Third-Party Defendant.

Supreme Court, Special Term, Queens County.

July 7, 1958.

Attorney(s) appearing for the Case

James L. Goldwater, Leon Liner and Alan R. Morris for Private Investors Corp. and another, defendants.

Edward Margolin for plaintiff.

WILLIAM B. GROAT, J.

Two motions: (1) by the defendant Private Investors Corp. for summary judgment under rule 113 of the Rules of Civil Practice and (2) by the defendants Dillard and Private Investors Corp. for judgment on the pleadings pursuant to rule 112 of the Rules of Civil Practice. The motion for judgment on the pleadings will be disposed of first.

The complaint, insofar as it affects the moving...

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