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POLITI v. IRVMAR REALTY CORP.

7 A.D.2d 414 (1959)

Silvio Politi, Respondent, v. Irvmar Realty Corp., Defendant-Appellant and Third-Party Plaintiff. Morris Rosen & Sons, Inc., Third-Party Defendant-Respondent

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

March 24, 1959.

Attorney(s) appearing for the Case

Joseph M. Callahan of counsel (Eugene J. Morris and Robert D. Levin, with him on the brief; William J. Tropp, attorney), for appellant.

Paul O'Dwyer of counsel (Howard N. Meyer and Maxwell V. Lovins with him on the brief; Strauss & Fitzgerald, attorneys), for respondent.

Herbert A. McDevitt of counsel (McDevitt, Stricker & Needham, attorneys), for third-party defendant-respondent.

BOTEIN, P. J., BREITEL, McNALLY and BASTOW, JJ., concur.

VALENTE, J.

Defendant, Irvmar Realty Corp., appeals from a judgment in favor of plaintiff entered upon a verdict of $100,000 rendered by a jury. The appeal taken from that part of the judgment which dismissed defendant's third-party complaint against Morris Rosen & Sons, Inc., has been expressly abandoned.

Appellant was the owner and general contractor of a six-story building in the course of construction...

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