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MITCHELL v. A.A. TRUCK RENTING CORP.

9 A.D.2d 682 (1959)

Leroy Mitchell, Respondent, v. A. A. Truck Renting Corp., Appellant and Third-Party Plaintiff. Stelson Manufacturing Co., Inc., Third-Party Defendant

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

October 5, 1959

Order reversed, without costs, and motion granted. The amended answer is to be served, if appellant be so advised, within 10 days after the entry of the order hereon.

In view of the conflicting decisions causing uncertainty as to whether the defense now sought to be pleaded was sufficient, which conflict was not finally resolved until the determinations in Rauch v. Jones (4 N.Y.2d 592

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