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  5. 16 A.D.2d 908 (1962)
 

REGAN v. AM. STEVEDORES, INC.

16 A.D.2d 908 (1962)

Peter Regan, Plaintiff, v. American Stevedores, Inc., Defendant and Third-Party Plaintiff-Respondent. Grace Line Inc., Third-Party Defendant-Appellant

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

June 19, 1962

Order entered on September 21, 1961 denying motion of third-party defendant to dismiss the third-party complaint unanimously reversed on the law, with $20 costs and disbursements to the appellant, the motion granted and the third-party complaint dismissed.

The complaint in this action charged the third-party plaintiff solely with acts which would constitute active or primary negligence. There is nothing alleged in the complaint which could impose

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