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WAGNER v. UNITED HOISTING CO.

37 Misc.2d 761 (1962)

Frederick Wagner, Plaintiff, v. United Hoisting Co., Inc., et al., Defendants. United Hoisting Co., Inc., Third-Party Plaintiff, v. John B. Kelly, Inc., Third-Party Defendant.

Supreme Court, Special Term, Queens County.

November 2, 1962

Attorney(s) appearing for the Case

Joseph Dean Edwards, Peter Campbell Brown and William Schurtman for third-party defendant. Harry R. Schwartz for plaintiff. Monica & Feury (Thomas H. Healey of counsel), for United Hoisting Co., Inc., defendant and third-party plaintiff. George J. Conway for HRH Construction Corp., defendant.

JAMES A. ROE, JR., J.

Motion by the third-party defendant, John B. Kelly, Inc. (Kelly), to dismiss for legal insufficiency the third-party complaint of the defendant United Hoisting Co., Inc. (United), and the cross complaint of defendant HRH Construction Corp. (HRH) against the third-party defendant. Motion by plaintiff to examine HRH before trial.

The action is by a construction worker to recover damages...

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