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BENNETT CORP. v. LASKER-GOLDMAN CORP.

19 Misc.2d 926 (1959)

Bennett Excavators Corp., Plaintiff, v. Lasker-Goldman Corporation, Defendant and Third-Party Plaintiff; Standard Accident Insurance Company, Third-Party Defendant and Third-Party Plaintiff; and James Bennett et al., Third-Party Defendants.

Supreme Court, Special Term, Kings County.

April 23, 1959.

Attorney(s) appearing for the Case

Harris Birnbaum for plaintiff and for James Bennett and another, third-party defendants.

Maurice, McNamee & White for Standard Accident Insurance Company.

JAMES S. BROWN, J.

Plaintiff and the individual third-party defendants move for an order pursuant to subdivisions 4 and 5 of rule 109 of the Rules of Civil Practice, dismissing "the counterclaim set forth in the answer of the third-party defendant, Standard Accident Insurance Company", designated by Standard in its pleading as "an amended claim against the plaintiff and third-party complaint against the defendants...

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