LYON v. BANKS


18 A.D.2d 1099 (1963)

Randolph G. Lyon, Respondent, v. Josephine A. Banks et al., Copartners, Doing Business as Banks Ship Rigging Co., Defendants and Third-Party Plaintiffs-Appellants. Project Construction Corporation, Third-Party Defendant-Respondent

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

April 22, 1963


Judgment modified on the law and the facts as follows: (1) by striking out its first decretal paragraph directing that plaintiff recover of the three defendants Banks the sum of $145,216; and (2) by substituting therefor a provision dismissing the complaint on the law against said defendants. As so modified, judgment affirmed, without costs.

On this record, and under the applicable law, plaintiff did not establish: (a) that there was any duty owing to him by the defendants...

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