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McCABE v. QUEENSBORO FARM PRODS., INC.

15 A.D.2d 553 (1961)

Bernard McCabe, Respondent, v. Queensboro Farm Products, Inc., et al., Defendants, and Banner Roofing Co., Inc., Appellant Sam Gelfand, Individually and Doing Business as Eagle Roofing & Sheet Metal Works, Third-Party Plaintiff, v. Banner Roofing Co., Inc., Third-Party Defendant

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

December 20, 1961

Order reversed, with $10 costs and disbursements; motion of defendant Banner Roofing Co., Inc., for summary judgment dismissing the amended complaint as to it, granted; and amended complaint in the main action dismissed as to defendant Banner.

The amended complaint indicates that the injuries complained of were received on January 23, 1957. This action was commenced on or about November 22, 1957, only against Queensboro Farm Products, Inc., and against Sam Gelfand...

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