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KIDDER, PEABODY & CO. v. LOEWE

31 Misc.2d 672 (1961)

Kidder, Peabody & Co., Plaintiff, v. Leonard Loewe et al., Defendants. Morton Levine, Defendant and Third-Party Plaintiff, v. May, Borg & Co., Third-Party Defendant.

Supreme Court, Special Term, New York County.

October 27, 1961

Attorney(s) appearing for the Case

Joseph G. Abramson (Gainsburg, Gottlieb, Levitan & Cole, Harry Giesow and Murray L. Lewis of counsel), for Morton Levine, defendant and third-party plaintiff. Kaye, Scholer, Fierman, Hays & Handler (Milton Kunen and Julius Berman of counsel), for third-party defendant. Sullivan & Cromwell for plaintiff.

CHARLES A. LORETO, J.

The third-party defendant, May, Borg & Co., moves for dismissal of the third-party complaint, for legal insufficiency.

It is based upon the fifth and sixth causes alleged in the main complaint of Kidder, Peabody & Co. In a fifth cause of action, plaintiff alleges against the defendant Levine (third-party plaintiff) that on December 14 and 15, 1959, he caused its employment as broker to purchase on commission 8,400...

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