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JOSEPH v. R. & M. EMBROIDERY CO.

21 Misc.2d 224 (1959)

Philip Joseph, Plaintiff, v. R. & M. Embroidery Co. Inc. et al., Defendants. R. & M. Embroidery Co. Inc. et al., Third-Party Plaintiffs, v. Edward S. Friedland, Third-Party Defendant.

Supreme Court, Special Term, New York County.

November 2, 1959.

Attorney(s) appearing for the Case

Abraham Abramowitz for plaintiff.

Henry B. Selkowe for defendants and third-party plaintiffs.

Edward S. Friedland, third-party defendant in person, and for New York Pharmacists Discount Corp., defendant.

FRANCIS X. CONLON, J.

The third-party defendant moves for dismissal of the third-party complaint upon the ground that the causes of action therein stated have been released. The third-party defendant relies upon a release dated January 4, 1954, whereas the causes of action stated in the third-party complaint relate to an independent agreement of settlement of controversies in the month of May, 1954 and the breach of the agreement of settlement. The motion...

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