MORAN v. ABERCROMBIE & FITCH CO.


18 A.D.2d 650 (1962)

Michael Moran, Plaintiff, v. Abercrombie & Fitch Company, Defendant and Third-Party Plaintiff-Respondent. Henry Phipps Estates, Inc., et al., Third-Party Defendants, and Allied Maintenance Corporation, Third-Party Defendant-Appellant

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

December 18, 1962


Order entered on October 2, 1962, denying motion to dismiss third-party complaint unanimously affirmed, with $20 costs and disbursements to respondent, but without prejudice to a later motion for summary judgment.

Third-party defendant moved to dismiss defendant's third-party complaint on the ground that the negligence alleged by plaintiff was active. Were this so, the motion was well advised (Putvin v. Buffalo Elec. Co., 5 N.Y.2d 447

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