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L. LURIA & SON v. BROWN

26 Misc.2d 718 (1960)

L. Luria & Son, Inc., Plaintiff, v. Paul R. Brown et al., Defendants. Abraham N. Berger, Third-Party Plaintiff, v. Max Jakob et al., Third-Party Defendants.

Supreme Court, Special Term, New York County.

October 24, 1960

Attorney(s) appearing for the Case

Carb, Luria, Glassner & Cook for plaintiff. Shank & Siegel (Melvin Siegel of counsel), for Abraham H. Berger, defendant and third-party plaintiff. Seymour Marks for Max Jakob and another, third-party defendants. Cravath, Swaine & Moore (Harry H. Voigt of counsel), for Chemical Bank New York Trust Co., third-party defendant. David E. Licht for Van Brunt Stores, Inc., third-party defendant.

SAMUEL M. GOLD, J.

By separate motions the third-party defendants move for dismissal of the third-party complaint pursuant to subdivision 4 of rule 106 of the Rules of Civil Practice and in the alternative for dismissal pursuant to subdivision 4 of section 193-a of the Civil Practice Act without prejudice to the institution of a separate action, or in the alternative, pursuant to subdivision 4 of section 193-a, for an order directing a separate trial...

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