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JOYCE APTS. v. WEINSTOCK

15 Misc.2d 47 (1958)

Joyce Apartments, Inc., Plaintiff, v. "Ben" Weinstock et al., Defendants. Sidney Wexler, Defendant and Third-Party Plaintiff, v. Consolidated Mutual Insurance Company, Third-Party Defendant.

Supreme Court, Special Term, Queens County.

October 27, 1958.

Attorney(s) appearing for the Case

Bernard Helfenstein for third-party defendant.

George Mehlman for plaintiff.

Samuel R. Buxbaum for defendant and third-party plaintiff.

NICHOLAS M. PETTE, J.

Motion by the third-party defendant to dismiss the third-party complaint upon the ground that it fails to state facts sufficient to constitute a cause of action for indemnity.

Upon a motion of this kind, consideration must be given not only to the pleading directly attacked, but also to the complaint of the plaintiff against the defendant and third-party plaintiff. (Atlas Clothing...

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