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BRONXVILLE PALMER v. POIRER & McLANE

32 Misc.2d 507 (1961)

Bronxville Palmer, Ltd., Plaintiff, v. Poirer & McLane Corporation et al., Defendants. Poirier & McLane Corporation, Defendant and Third-Party Plaintiff, v. Gilmore D. Clarke et al., Individually and as Copartners Doing Business under the Name of Clarke and Rapuano, et al., Third-Party Defendants.

Supreme Court, Westchester County.

December 12, 1961

Attorney(s) appearing for the Case

Scribner & Miller for plaintiff. Clark, Gagliardi, Gallagher & Smyth for defendant and third-party plaintiff. Vincent Gurahian for Raymond International, defendant. Lord, Day & Lord for third-party defendants.

JAMES D. HOPKINS, J.

The third-party defendants move to dismiss the third-party complaint on the ground that it is insufficient in law. The prime plaintiff sues the third-party plaintiff, and another defendant, to recover damages to real property owned by the prime plaintiff under a complaint alleging 10 causes of action sounding in trespass, nuisance and negligence. The third-party plaintiff entered into a...

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