ARGENTO v. BEECH & BOWNE BLDG. CORP.


37 Misc.2d 513 (1962)

Peter Argento, Plaintiff, v. Beech & Bowne Building Corp., Defendant and Third-Party Plaintiff. Lieb Iron Works Corp. et al., Third-Party Defendants.

Supreme Court, Special Term, Kings County.

December 5, 1962


Attorney(s) appearing for the Case

Michael Saunders, E. Z. Berman and A. Harold Frost for third-party defendant. Israel Staskin for plaintiff.


MURRAY T. FEIDEN, J.

The third-party defendant moves to examine plaintiff before trial. Plaintiff objects upon the ground that there is no issue raised between himself and the moving party.

Many cases which have permitted a third-party defendant to examine a plaintiff or a plaintiff to examine a third-party defendant have done so upon the theory that an issue had been created by the third party's denial of plaintiff's complaint (Anida Realty...

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