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COOK v. FOGELSONGER

21 Misc.2d 337 (1959)

Mary Cook et al., Plaintiffs, v. Arthur Fogelsonger, Defendant and Third-Party Plaintiff. Nationwide Insurance Company, Third-Party Defendant.

Supreme Court, Erie County.

November 23, 1959.

Attorney(s) appearing for the Case

Gibbons, Pottle, O'Shea & Adamson (Gerald J. O'Brien of counsel), for third-party defendant.

Harold A. Adel for plaintiffs.

Cohen, Lombardo, Maisel, Blewett & Fisher (Ernest Lombardo of counsel), for defendant and third-party plaintiff.

MICHAEL CATALANO, J.

Nationwide Insurance Company (herein called "Nationwide"), the third-party defendant, moves under (1) rule 106 of the Rules of Civil Practice, to dismiss the third-party complaint upon the ground that it fails to state a cause of action, and if denied, (2) rule 107, for its dismissal upon the ground that the third-party plaintiff, Arthur Fogelsonger (herein called "Fogelsonger") does not...

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