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MELENDEZ v. CITY OF NEW YORK

41 Misc.2d 85 (1963)

Demas Melendez, Plaintiff, v. City of New York et al., Defendants. Neill Supply Co. Inc., Third-Party Plaintiff, v. L. J. Kennedy et al., Third-Party Defendants.

Supreme Court, Special Term, Kings County.

November 4, 1963

Attorney(s) appearing for the Case

Anthony M. Petrosini for plaintiff. Schaffner & Lawless for Slattery Contracting Co., Inc., defendant. McLaughlin & Quinn for third-party defendants. Leo A. Larkin, Corporation Counsel, for City of New York, defendant. Bernard Helfenstein for Neill Supply Co. Inc., third-party plaintiff.

BENJAMIN BRENNER, J.

Motion by third-party defendant Allstate Insurance Company to dismiss the amended complaint of Neill Supply Co. Inc., a third-party plaintiff which, as consignee of goods, asserts that it is an omnibus insured under the Allstate liability insurance policy. The original third-party complaint was dismissed for Neill's failure to allege the claimed basis for its liability in tort or any legal...

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