FIGLER v. SUBIN


18 A.D.2d 702 (1962)

Joseph Figler, Respondent, v. David L. Subin et al., Defendants-Appellants, David L. Subin et al., Third-Party Plaintiffs-Appellants, v. Francis H. Leggett & Co., Third-Party Defendant-Respondent

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

December 24, 1962


Judgment in plaintiff's favor reversed on the law, without costs, and complaint dismissed. The findings of fact implicit in the jury's verdict are affirmed. Appeal from the judgment, insofar as it relates to the third-party complaint, is dismissed as academic.

Defendants Subin and Hemmerdinger Estate Corp. own a warehouse building which had been leased in its entirety by the prior owner to the third-party defendant (Leggett) as sole tenant. Defendant Atlas Terminals...

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