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SCOGNAMIGLIO v. CONSOL. EDISON CO. OF NEW YORK

6 A.D.2d 722 (1958)

Antoinette Scognamiglio, as Administratrix of The Estate of Anthony Scognamiglio, Deceased, et al., Respondents, v. Consolidated Edison Company of New York, Defendant and Third-Party Plaintiff-Respondent. Elmhurst Contracting Company, Inc., Third-Party Defendant-Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 26, 1958

Appeal dismissed, without costs.

The so-called order dismissing the third-party complaint at the conclusion of the evidence was nothing more than a ruling made by the trial court, which could have been reviewed only on appeal from a judgment entered after the trial (Civ. Prac. Act, § 583). The granting of reargument before any judgment had been entered and the reinstatement of the third-party complaint were similar rulings...

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