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GALLAGHER v. HILL GREENHOUSE CONSTR.

23 Misc.2d 167 (1960)

William J. Gallagher et al., Third-Party Plaintiffs, v. Hill Greenhouse Construction, Inc., Third-Party Defendant.

Supreme Court, Special Term, Erie County.

February 25, 1960.

Attorney(s) appearing for the Case

Fogle, Andrews & Pusateri (Anthony L. Pusateri of counsel), for third-party plaintiffs.

Weaver, Maghran & McCarthy (Irving Maghran of counsel), for third-party defendant.

MATTHEW J. JASEN, J.

This is a motion by third-party defendant for dismissal of the third-party summons and complaint pursuant to rule 106 of the Rules of Civil Practice on the grounds that the third-party complaint fails to state a cause of action against the third-party defendant.

Plaintiff administratrix instituted an action against defendants for the wrongful death of plaintiff's intestate. Defendants...

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