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SAGLIMBENI v. HAYDEN

5 A.D.2d 841 (1958)

Sebastian Saglimbeni, Respondent, v. Margaret C. Hayden, Defendant, and First Federal Savings & Loan Association of Hempstead, Defendant and Third-Party Plaintiff-Appellant. Cuzzi Bros. and Singer, Inc., Third-Party Defendant-Respondent

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

February 10, 1958

Judgment modified on the law and the facts by striking therefrom the first decretal paragraph and by substituting in place thereof a provision that the complaint be dismissed on the merits. As so modified, judgment affirmed, with costs to appellant, payable by plaintiff-respondent.

There is no evidence that appellant supervised the work of the contractor, no evidence that appellant had reasonable notice of any necessity for...

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