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KRIGER v. INDUS. REHAB.

8 A.D.2d 29 (1959)

William Kriger et al., Appellants, v. Industrial Rehabilitation Corporation et al., Defendants, and Joseph P. Day, Inc., et al., Respondents

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

May 12, 1959.

Attorney(s) appearing for the Case

Joseph Delman of counsel (Victor Whitehorn with him on the brief; Whitehorn & Cowin, attorneys), for appellants.

Edward Abbe Niles of counsel (Cadwalader, Wickersham & Taft, attorneys), for Joseph P. Day, Inc., respondent.

Harold R. Tyler, Jr., of counsel (Daniel Mandel with him on the brief; Gilbert & Segall, attorneys), for General Electric Company, respondent.

BOTEIN, P. J., and RABIN, J., concur with McNALLY, J.; BREITEL, J., dissents in part and votes to affirm, in opinion in which VALENTE, J., concurs.

McNALLY, J.

Plaintiffs appeal from a judgment entered on July 24, 1958 in favor of defendants Joseph P. Day, Inc. and General Electric Company dismissing for insufficiency the second amended complaint as against these defendants. Plaintiffs also seek review of an order made August 20, 1957 dismissing for insufficiency the original complaint as against General Electric Company, with leave to replead; an order made...

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