McCABE v. QUEENSBORO FARM PRODS., INC.


13 A.D.2d 674 (1961)

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

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

April 3, 1961


Order modified by adding thereto a provision that, within 30 days after entry of the order hereon, said third-party plaintiff, if so advised, may serve an amended third-party complaint. As so modified, order affirmed, without costs.

In the present third-party complaint, appellant sought to implead the respondent corporation on the theory that he and the corporation were joint venturers in the performance of the acts alleged to have caused the injuries complained of...

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