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EASTLING v. FEDERATED DEPT. STORES

12 Misc.2d 795 (1958)

Willie Eastling, Plaintiff, v. Federated Dept. Stores, Inc., Defendant and Third-Party Plaintiff; American Automobile Insurance Company, Third-Party Defendant.

Supreme Court, Special Term, Kings County.

February 14, 1958.

Attorney(s) appearing for the Case

Schulman & Goldberg for plaintiff.

Edward A. Harmon for third-party defendant.

Thomas F. Keane for defendant and third-party plaintiff.

JAMES S. BROWN, J.

Third-party defendant, an insurance company impleaded herein by the defendant, moves to dismiss the third-party complaint under rule 113 of the Rules of Civil Practice, on the ground that the policy provisions include a waiver which bars a third-party action under section 193-a of the Civil Practice Act, or in the alternative the third-party defendant seeks a severance of the trial from the...

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