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SPLIHTE v. COMMERCIAL METALS CO.

13 Misc.2d 74 (1958)

Alexander Splihte, Plaintiff, v. Commercial Metals Company, Defendant and Third-Party Plaintiff. Global Wrecking Corp., Third-Party Defendant.

Supreme Court, Special Term, Queens County.

August 25, 1958.

Attorney(s) appearing for the Case

John J. O'Connor for defendant and third-party plaintiff.

William J. Kenny for third-party defendant.

Gustave G. Rosenberg and Lawrence M. Rosenberg for plaintiff.

J. IRWIN SHAPIRO, J.

This is a motion in a negligence action "for an Order, dismissing the complaint herein and directing that judgment to that effect be entered herein in favor of the defendant under provisions of Rule 113 of the Rules of Civil Practice on the ground that the action has no merit."

While the defendant is not limited in moving for summary judgment to actions enumerated in the nine subdivisions of

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