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MUNOZ v. AM. STEVEDORES, INC.

10 A.D.2d 963 (1960)

Alejandro Munoz, Plaintiff, v. American Stevedores, Inc., et al., Defendants. Flota Mercante Grancolombiana S. A., Defendant, and Third-Party Plaintiff-Respondent, v. A. M. Kristopher Co., Inc., Third-Party Defendant-Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 9, 1960

Order affirmed, with $10 costs and disbursements, with leave to the third-party defendant, if it be so advised, to serve, within 20 days after the entry of the order hereon, a further amended answer pleading said first affirmative defense with respect only to that cause of action in the third-party complaint which is based on contract.

There are no facts in the record to support the conclusion of the Special Term that the third-party plaintiff is "exclusively engaged...

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