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LYON v. BANKS

8 A.D.2d 823 (1959)

Randolph G. Lyon, Respondent, v. Josephine A. Banks et al., as Copartners Doing Business as Banks Shiprigging, Defendants and Third-Party Plaintiffs-Respondents. Project Construction Corporation, Third-Party Defendant-Appellant

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

June 8, 1959

Order affirmed, with $10 costs and disbursements to the third-party plaintiffs-respondents, payable by the third-party defendant-appellant.

In advance of a trial, it cannot be said with any degree of certainty whether the subcontractor has properly invoked a claim of liability over on the appellant's part. There are issues which should be resolved by the triers of the facts and which cannot be determined by the court on the...

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