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ROBY v. CITY OF WATERTOWN

31 Misc.2d 314 (1961)

William G. Roby, Plaintiff, v. City of Watertown, Defendant and Third-Party Plaintiff. Niagara Mohawk Power Corporation et al., Third-Party Defendants.

Supreme Court, Trial Term, Jefferson County.

April 14, 1961

Attorney(s) appearing for the Case

Hiscock, Cowie, Bruce, Lee & Mawhiney (Phillip T. Young of counsel), for Niagara Mohawk Power Corporation, third-party defendant. Costello, Cooney & Fearon (Rudolph V. Parr of counsel), for New York Telephone Co., third-party defendant. Dunk, Conboy, McKay & Bachman for plaintiff.

HENRY A. HUDSON, J.

The Niagara Mohawk Power Corporation and the New York Telephone Company, third-party defendants, have moved by separate motions, which were argued together, to dismiss the third-party complaint as to each of said third-party defendants.

The plaintiff instituted its action against the City of Watertown alone. The allegation of negligence contained in the complaint is found in paragraph "8" which reads as follows:

"8...

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