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SCALA v. BASS

23 Misc.2d 83 (1960)

Joseph Scala, Plaintiff, v. Max Bass 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.

January 22, 1960.

Attorney(s) appearing for the Case

Louis Cappuccio for defendants and third-party plaintiffs.

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

JAMES J. CRISONA, J.

Salvatore Scala and Antonio Scala, doing business as Scala Bros., defendants and third-party plaintiffs, in this action to recover damages for personal injuries, move to strike out the defenses embodied in paragraphs "Ninth" and "Tenth" of the amended answer of the third-party defendant United States Fidelity and Guaranty Company (hereinafter referred to as "Company") for legal insufficiency...

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