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APREA v. CITY OF N. Y.

11 Misc.2d 645 (1958)

Lena Aprea et al., Plaintiffs, v. City of New York, Defendant and Third-Party Plaintiff. Louis Castoria et al., Individually and Doing Business as Greenpoint Plumbing and Heating Co., Third-Party Defendants.

Supreme Court, Special Term, Kings County.

January 28, 1958.

Attorney(s) appearing for the Case

Louis Riger for plaintiffs.

Peter Campbell Brown, Corporation Counsel, for defendant.

Paul O. Hastings for Philip Golowitz, individually and doing business as Greenpoint Plumbing and Heating Co., third-party defendant.

Daniel Castoria for Louis Castoria and another, third-party defendants.

JAMES S. BROWN, J.

The third-party defendant moves to strike out plaintiffs' amended complaint on the ground that it was not timely served. The plaintiffs cross-move for an order nunc pro tunc granting leave to serve an amended complaint or, in the alternative, for an order granting such leave pursuant to section 193-a of the Civil Practice Act.

In the original complaint the City of New York was...

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