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WEINBERG v. WING

30 Misc.2d 755 (1961)

Samuel Weinberg, Plaintiff, v. Thomas H. Wing et al., Doing Business as Old Jade, Defendants and Third-Party Plaintiffs. East 170 Street Realty Corp., Third-Party Defendant.

Supreme Court, Special Term, Bronx County.

July 5, 1961

Attorney(s) appearing for the Case

Bernard Helfenstein and Herbert Minster for third-party defendant. David Sherman for plaintiff. Bianco & Walters (Harry J. Walters, Jr., of counsel), for defendants and third-party plaintiffs.

CHARLES A. LORETO, J.

Motion to dismiss third-party complaint for legal insufficiency is denied. Since the instant application, the plaintiff has served an amended complaint, which now joins the third-party defendant as a defendant in his original action. The service of the said amended complaint even at this stage of the proceedings is timely made (Civ. Prac. Act, § 193-a; Aprea v. City of New York...

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