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SCALA v. SCHREIBER

17 Misc.2d 981 (1959)

Joseph Scala, Plaintiff, v. William Schreiber et al., Defendants. Salvatore Scala et al., Doing Business as Scala Bros., Defendants and Third-Party Plaintiffs, v. William Schreiber et al., Third-Party Defendants.

Supreme Court, Special Term, Queens County.

April 22, 1959.

Attorney(s) appearing for the Case

Lawless & Lynch for Gemelli & Moccia, third-party defendant.

Cronin & Ryan for plaintiff.

Louis Cappuccio for defendants and third-party plaintiffs.

John J. O'Connor for United States Fidelity & Guaranty Co., third-party defendant.

Higgins & Giordan for William Schreiber, third-party defendant.

NICHOLAS M. PETTE, J.

Gemelli & Moccia, impleaded by the defendants Scala Bros., move to dismiss the third-party complaint upon the ground that it fails to state facts sufficient to constitute a cause of action for indemnity.

Scala Bros. were the general contractors for the construction of a commercial building upon premises owned by the defendant William Schreiber. The movants were the foundation...

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